Lord Chancellor sets out a vision for the future of the civil and family courts and tribunals
The Rt Hon Alex Chalk KC MP set out a broad and ambitious vision for the future of the civil and family courts and tribunals.
Thank you very much for coming, delighted to be here…
It isn’t often that we manage to bring our civil, family and tribunal jurisdictions – and their leaders – together under one roof, so it’s wonderful to see you all here today.
It has been clear for some time that for those needing the protection and vindication of the law, the world has changed dramatically in the last 15-20 years. When I began in practice in Kieran Coonan KC’s common law set, most people would take their legal problems straight to a lawyer – and the first part of any conference with the client could involve explaining some relatively rudimentary issues about how the system works. What can courts do? What can’t they do? What is an injunction? And so on.
Now, because of the internet, putative litigants can very often know, or appear to know, a great deal more. The problem is that information however faithfully collated may be confusing, conflicting – or even plain inaccurate. I have had constituents come to me presenting their understanding of a legal problem, only for me to discover that it is based on an entry summarising the law of New Zealand.
This issue isn’t limited to the law. Earlier this year, as Minister for Defence Procurement, I stood in the Mojave desert alongside US, Australian and British commanders observing a combined arms attack. Buzzing above were drones and sensors, from different nations, each feeding back information. What was striking was the universal agreement amongst the commanders, that the issue is not about acquiring data – the issue is making sense of it. Information overload is an acknowledged risk factor for those in a stressful battlefield context, not least because of the sheer amount of duplication. It is for litigants too.
And the confusion can be doubly damaging because when it comes to those seeking what they assume is their courtroom remedy to resolve a dispute or uphold their rights, very often the right advice is to steer well clear of litigation. And yet too often in the miasma of information, many miss out on mediation or arbitration. That means missing out on the mechanism that could help parents make arrangements for their children, or for their finances, without the acrimony and heartache that all too often accompanies contested litigation.
So if the exam question is ‘How to vindicate rights in an age of big data?’ it’s no wonder that countries around the world are wasting no time in developing answers.
In Estonia, chatbots help people to find court resources. The Canadian province of British Columbia runs an online civil tribunal. In Singapore there is a guided questionnaire on their courts service website to help people navigate the legal system, with an automated digital tool to help prepare documents. If users run into an issue, a service hub can help with in-person assistance.
And the UAE has set up the world’s first digital economy court in Dubai, specifically to resolve digital disputes.
These are all important developments, and we no doubt have much we can learn from our friends and (let’s face it) competitors. But we should take quiet pride too in the fact that no other jurisdiction is taking such a holistic approach to digital justice, one that focuses both on the individual using the system and the organisations that make up that system. Nor has any other country established an Online Procedure Rule Committee to set standards and govern their digital justice system - in itself a genuine leap forward.
So this is a really special moment.
Today, with the Lady Chief Justice, Master of the Rolls, President of the Family Division and Senior President of Tribunals, we set out a shared vision for the future - one that brings together the advances we’ve made over the years for the first time and charts a course for the future.
This will be a Civil and Family Justice and Tribunals system where people will have the option to choose dispute resolution which is online from start to finish – with a seamless transition from one part of the system to the next.
A system that tells litigants what they need to do and when, so they can make fully informed choices.
It will provide better and earlier legal support by harnessing technology. Lawtech is already transforming our legal system – and we will build on that by exploring safe and appropriate uses of artificial intelligence.
We’ll enable people to resolve their problems earlier dialling down conflict and reducing cost, through mediation or online dispute resolution. Where that isn’t successful, we’ll make it straightforward to take the next step of taking a case through the courts or tribunals.
And we’ll do that by encouraging and building online and offline connections between different parts of the system – while making sure that people’s data is held and transferred safely.
And this modern, digital justice system will be underpinned and governed by the Online Procedure Rules Committee - the plumbing and the wiring of this new legal architecture. It marks the most important departure since the introduction of the Civil Procedure Rules in 1999, an era where the internet was in its infancy, and where much of the technology we use today – blockchain, smart contracts, AI – seemed like science fiction.
There have been other reforms since, of course, but, 24 years on, the creation of a Committee to set standards and governance for a truly end-to-end digital justice system is an historic moment.
We hope these crucial data standards will be adopted by you, the organisations who deliver critical information, support and dispute resolution services to the public. And we want as many of you as possible to join the conversation as the Committee develops those standards, as part of its sub-committees.
I know Sir Geoffrey will talk in more detail about this later, and we’ll hear directly from Committee members about this vital work shortly.
Of course, none of this innovation is happening from a standing start. It’s worth saying a few words about the context. Tech has proven itself our ally in the pursuit of justice for all, not least toward the work to digitise the courts system through our court modernisation programme.
More claims are being made digitally online, and more quickly too. Take our new digital services, which have been used over 2 million times, including 400,000 Online Civil Money claims resolved so far. Or the Official Injury Claim portal, which provides swift, simple access to justice for those in minor car accidents and has been used by over 635,000 users to date.
And we can credibly be said to be at the leading edge of lawtech globally – investing millions in LawtechUK to grow the sector and embracing innovations like AI.
It matters for two reasons: the strength of our economy and the fairness of our society.
On the former, it isn’t by good luck that English and Welsh common law is used as the basis for over a quarter of the world’s 320 legal jurisdictions. Or indeed that businesses worldwide choose our law to govern their contracts, and our courts to settle their disputes. It is because of design, and relentless modernisation to stay current.
Those who stand still, in reality fall behind. And the success of our justice system over the centuries has been characterised by its ability to evolve to meet the changing needs of our citizens, while never losing sight of its defining principles.
The digital future I’ve set out today will make our courts more attractive and accessible to litigants overseas - reinforcing our world-leading reputation, so that we can say with confidence that the best for this jurisdiction is yet to come. As for values, the fairness piece. A nation of laws must be one nation of laws, where access to legal remedies isn’t the preserve of those with the deepest pockets.
So we will enshrine our values in our digital systems, not least that individuals – no matter who they are or whatever their means - should be able to vindicate their rights. These principles of fairness and equality under the law must apply as much to the small trader and the constructively dismissed supermarket employee, as they do the multinational behemoths.
In doing so, we play our part in cementing and enhancing our contribution to the international rules-based order.
So, I want to thank the Lady Chief Justice, and Master of the Rolls for their continued leadership and energy as we move forward with this bold vision.
The undertaking is ambitious but that is a good thing. That ambition will best be fulfilled by working collegiately - with you, our judiciary, legal profession, dispute resolution, advice and tech sectors.
Your wealth of knowledge and expertise are essential, as we continue to iterate and evolve. But I feel sure you will be contributing to something very exciting indeed.
Thank you once more for being here, I hope you enjoy the event.