Kerry Underwood

ONLY ONE CIVIL PROCEDURE RULE NEEDED SAYS SUPREME COURT JUSTICE – BUT NEW PORTAL HAS 1,684 RULES

with 6 comments


It is nearly 1 April, but this is not an April Fool’s joke.

Speaking at the Cyprus Judicial Conference on 10 March 2021, Supreme Court Justice Briggs – who has form for this sort of thing – said that the Online Court might have only one rule:

Do what it says in the electronic form.”

Fascinating.

The Justice referred to the new “low-value” – if sub £10,000.00 is “low-value” – Road Traffic Accident Online Portal for litigants in person, saying it will be the prototype for a radical recasting of the way in which most civil litigation will be conducted in England and Wales.

It runs to 168 pages and 1,684 rules, so not exactly an evidence based observation.

As can be seen this will be a very easy trail for a litigant in person to follow, provided that they are Einstein.

The Justice said that this single rule could be suitable for Family and Tribunal cases, as well as civil claims.

The effect would be to do away with the barriers thrown up by the Civil Procedure Rules and the White Book under which litigants in person “are simply unable to understand and then comply with the complex rules of the game.”

He added:

This does not mean that the wise litigant will take no legal advice on the merits, or even where necessary, to use a lawyer to argue a point of law or cross-examine a witness at trial. But it cuts out the huge expense of doing the Civil Procedural dance necessary under our present CPR regime to get there, every part of which usually has to be, or at least is, conducted by a lawyer”.

Comment

This is madness. Rules of Court are necessary to govern court procedures. The new online portal is virtually incomprehensible to me as a solicitor of 40 years’ standing, let alone litigants in person.

The whole idea behind the online court is to stop plebs having access to Justice.

I have a better idea. These multi-billion-pound claims in the Business and Property Courts serve no useful social purpose at all.

Let us switch immediately to a fully online system for, say, all claims over £1 million, but have a fully functioning court system for all claims under that sum.

Physical Hearings better than virtual ones says Supreme Court President

Lord Reed, President of the Supreme Court, said that physical court hearings are more effective than virtual ones:

“We do want to revert to physical hearings in the Supreme Court as soon as we can, because they do work better. Counsel find they work better and so do we because the whole experience is much more spontaneous and interactive than it becomes online.”

Agreed. Please have a word with One Rule Online SCJ Briggs.

Competition

Compose the words for “Just One CPR” to the tune of “Just One Cornetto”, or O Sole Mio, or to classicists – It’s Now Or Never.

Written by kerryunderwood

March 30, 2021 at 1:11 pm

Posted in Uncategorized

6 Responses

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  1. “I have a better idea…these multi-billion-pound claims in the Business and Property Courts serve no useful social purpose at all…Let us switch immediately to a fully online system for, say, all claims over £1 million, but have a fully functioning court system for all claims under that sum.”

    I have an even better idea: (i) pass a law which states that that all commercial contracts over £5,000 have to be in writing in order to be enforceable. That removes and cleanses 70% of ‘oral agreement’ cases from the court sytem. Who said what over a pint becomes irrelevant if the agreement is not recorded in writing (as required in the disposal of property see section 2 of the LPA 1989).

    (ii) Base the costs regime on 3% of the value of a claim as in Germany. Simple but effective and it serves a huge social purpose. The UK costs regime of ‘assessing costs’ depending on the state of digestion of the judge at any moment in time is a dogs dinner by comparison.

    George Robertson

    April 2, 2021 at 5:29 pm

    • Interesting view. I certainly favour fixed recoverable costs for all civil litigation. 3% may be a bit low, but I agree with the principle.
      Kerry

      kerryunderwood

      April 4, 2021 at 9:45 am

  2. Just one CPR
    Give it to me
    A rule of untold
    Simplicity
    Degrees
    and LPC’s
    Are wasted effort
    Just one rule please

    Supreme Court Justice
    I hear your call
    A single rule
    to rule them all
    Case Law
    Is history
    No lawyers needed
    Just good I.T

    John Rimmer

    May 11, 2021 at 12:06 pm

  3. I completely and utterly promise you that the last thing anyone, anywhere would want is a recording of me singing anything 🙂

    Kerry

    kerryunderwood

    May 12, 2021 at 1:49 pm


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