Summary: | Problems of cost and funding in the civil procedure system of England and Wales have made courts unaccessible to citizens and small businesses. A radical response has been proposed to address this crisis in a Report led by the Judiciary. It is proposed to make a major investment in upgrading the information technology (IT) of the court process, and to shift all claims up to £25,000 into an online court. The online court would operate in three stages, with significant automated IT support, case management by case officers facilitating mediated solutions, and ultimately (in a fairly small number of cases) decisions by judges. The process is similar to that adopted in a number of consumer ombudsmen, but significant questions arise over whether it will be adequate, or sufficiently attractive to users, given various other options that may be more attractive. An important ‘better regulation’ issue arises over how policy is best made.
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