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posted by cmn32480 on Monday August 01 2016, @03:21AM   Printer-friendly
from the maybe-Shakespeare-was-right dept.

Original URL: http://www.cnet.com/news/judge-recommends-online-court-without-lawyers/

[...] You're in a dispute over money. It's not a vast amount of money, but sometimes it's precisely these sorts of disputes that incite the highest emotions.

You feel cheated, robbed.

But then you have to hire a lawyer to defend you. Which is a cost and guarantees you nothing.

So Lord Justice Briggs, a senior British judge, has come up with a new solution: an online court for civil cases featuring claims of less than £25,000 (around $32,850).

This online court is part of his recommendations for reforming the British justice system. Yes, the one that Brits are always telling you is perfect.

The idea is that there would be user-friendly rules and that lawyers would be largely, or even entirely, superfluous.

There's another characteristic of an online court that moves the judge. He says it would be "less adversarial, more investigative."

Perhaps the lord justice has yet to acquaint himself with the interpersonal and expository skills of many who frequent Twitter and other internet forums.

-- submitted from IRC


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  • (Score: 2) by janrinok on Monday August 01 2016, @06:51PM

    by janrinok (52) Subscriber Badge on Monday August 01 2016, @06:51PM (#382741) Journal

    The judge decides, as is normal in UK courts for civil cases. A jury is only required for more serious criminal cases. That is partly the reason that TFA states:

    an online court for civil cases featuring claims of less than £25,000 (around $32,850).

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  • (Score: 2) by HiThere on Monday August 01 2016, @07:11PM

    by HiThere (866) Subscriber Badge on Monday August 01 2016, @07:11PM (#382760) Journal

    Well, that does make it a bit more reasonable. But it sounds open to gaming by the rich, the powerful, and companies. What's to keep the script from being prepped by a lawyer? What's to prevent a lawyer cuing his client via an ear-bud raido? (Parabolic speaker, etc.)

    --
    Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
    • (Score: 2) by janrinok on Monday August 01 2016, @08:38PM

      by janrinok (52) Subscriber Badge on Monday August 01 2016, @08:38PM (#382807) Journal

      A lawyer has no part to play in the procedings.

      As someone else has already mentioned. This is similar to the existing 'Small Claims Court', and the procedure is something like this....

      • You think that you have been aggrieved and that you are entitled to compensation.
      • You write explaining the details of the issue, why you think that you have been unfairly treated, and how much you are claiming, and this is sent by mail to the courts.
      • They give the other party the chance to reply and contest your claim. If they fail to do so, they lose by default. However, usually they submit their own version of events in writing to the court.
      • The court decides on a date for the hearing.
      • Having considered the evidence presented (in writing) the judge might have some additional questions to ask, or he may have been able to reach a decision. (E.g. if you have paid for goods or services but have not received them, then the decision is usually straight-forward.)
      • The decision is announced and is legally binding, by order of the court.

      I would expect that the 'internet' part is connected with the method of making the evidence submission - currently I think that the submissions must be made by mail - and also potentially for the hearing, assuming that both parties have at least audio feed with the court. This would save time on the part of the courts, and negate the need for the parties to travel to the court for the hearing, something that in total could take, say, half a day or more. The actual hearing is usually a relatively short affair, The judge will have seen the 'evidence' and , barring any additional questions, has merely to announce his decision.

      The description above might not be complete and I might have over-simplified some of the stages but, essentially, it outlines how the Small Claims Court in the UK deals with claims up to £10,000. This proposal raises that limit to $25,000.