NI: Bar urges caution on civil justice reforms

The Bar of Northern Ireland has urged caution in pursuing transformative civil justice reforms proposed by Lord Justice Gillen, calling for more evidence and reassurances on funding.

It its 84-page response to Lord Gillen’s draft report, it states: “We note the acknowledgement that the report is ‘beset by a lack of statistical underpinning and the absence of raw data’ which is not yet available in Northern Ireland.

“A number of the suggested reforms also emanate from recent pilot projects or exploratory initiatives in other jurisdictions, the outcome and impact of which have yet to be known.

“One example of this relates to developments of online dispute resolution with projects, such as the Rechtwijzer system in the Netherlands, still very much in infancy.

“Consequently, associated recommendations such as a pilot scheme of voluntary ODR to be set up throughout Northern Ireland for money damages cases under £5,000 must be approached with caution.”

Echoing its concerns over family justice reforms, the Bar also said it was “concerned by the financial cost and the ability to secure funding for many of the reforms, whether in relation to services for personal litigants or court modernisation and technological improvements”.

It said the “viability of these reforms is in jeopardy without an early indication from the Department of Justice in relation to the budget available to support the various recommendations”.

The full consultation response can be found on the Bar’s website.

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