Overview

The Courts and Tribunals (Online Procedure) Bill aims to introduce online procedures for various court and tribunal proceedings in England and Wales. This will allow for cases to be initiated, progressed, and even concluded using electronic means, aiming for increased efficiency and accessibility while ensuring fairness.

Description

This bill enables the creation of "Online Procedure Rules" governing how specified types of civil, family, and employment tribunal cases are handled online. These rules will mandate electronic initiation of proceedings and may allow or require electronic conduct of all or part of the proceedings, including hearings. The rules must be accessible and fair, prioritising speed and efficiency, and must also provide an option for non-electronic participation for those who need it.

Key Aspects

• Rule-Making Body: An Online Procedure Rule Committee will be established to draft and oversee these rules. It will include judges, legal professionals, and representatives from the lay advice sector and IT fields.
• Support for Digitally Excluded: The Lord Chancellor is required to ensure support is provided to those who lack digital access.
• Flexibility: The bill allows for flexibility in determining which types of cases are suitable for online procedures, and it provides for circumstances where cases may switch between online and traditional procedures.
• Amendments to Existing Legislation: Existing procedural rules in various Acts will be amended to accommodate the Online Procedure Rules.
• Practice Directions: The bill enables the issuance of practice directions to offer further guidance on applying the Online Procedure Rules.

Government Spending

The bill doesn't specify direct government spending figures but will likely necessitate investment in IT infrastructure, training, and support services to facilitate online procedures and assist digitally excluded individuals. The long-term financial impact is expected to be positive due to increased efficiency and reduced court costs but precise figures aren't detailed within the bill itself.

Groups Affected

• Courts and Tribunals: These will need to adapt their systems and processes to accommodate online procedures.
• Legal Professionals: Lawyers and other legal representatives will need to adapt their practices for online proceedings.
• Litigants: Individuals involved in legal proceedings will be directly affected by the changes, with some experiencing increased accessibility and others requiring support to participate.
• Digitally Excluded Individuals: This group will require specific support to ensure their equal access to justice in the new online system.

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