NI: Report recommends move towards paperless courts and ADR

Lord Justice Gillen
Lord Justice Gillen

The judge-led review of Northern Ireland’s civil and family justice system has produced an interim report on civil justice, recommending moves towards paperless courts and alternative dispute resolution.

The review was set up by the Lord Chief Justice and is being led by Lord Justice Gillen, the most senior Court of Appeal judge.

Speaking after the publication of the interim report, Lord Justice Gillen said: “Our goal has been to improve citizens’ access to civil justice. This is an area that has had less exposure than the criminal justice system, albeit the civil system has infinitely more impact on day to day life given the nature of business affairs.

“This had been a real opportunity to look fundamentally at the architecture and governance of our civil justice system. It will open up opportunities to innovate, create transformative change and embrace new technologies within the civil justice system to reflect the society we inhabit in the twenty first century.”

The report’s key recommendations are:

  • a move away from paper based systems to paperless courts, digitalised court processes and online dispute resolution as an alternative to court in certain types of cases;
  • a more active role for the courts in promoting alternative dispute resolution;
  • greater support for personal litigants and improved access to justice for those with a disability;
  • an increase in jurisdiction in the county court, district judges’ court and the small claims court, with the creation of exclusive civil proceedings in three centres;
  • the creation of a new business hub in the High Court embracing the Commercial, Chancery and Judicial Review courts;
  • the creation of a Civil Justice Council as a strategic level forum for driving significant improvements in the performance of the civil justice system; and
  • the re-constitution of the Northern Ireland Courts and Tribunals Service as a Non-Ministerial Department within this Assembly mandate.
  • The report also recommends a fresh approach to costs, with fixed fees in the High Court; modernisation of court procedures, including efficient use of social media, electronic banking and court officers; a new, narrower approach to disclosure; a requirement for experts to be professionally accredited and subject to judicial scrutiny for necessity, budget analysis and sanctions; new methods of appeal to the Court of Appeal; and additional powers for the Lands Tribunal to deal with matters of disputed valuation.

    The interim report, available online, has now gone out for consultation until Friday 9 December 2016.

    The consultation on an earlier report into the family justice system as part of the same review will continue until Friday 28 October 2016.

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