Geoff Edwards describes how computers are at last benefiting the conduct of civil and family litigation
The courts and tribunals modernisation programme has been something of a damp squib so far for civil and family practitioners. Funding difficulties are to blame. However, one development - where district judges themselves took the initiative - has made a real difference.
Some county court (and District Registry) orders are now coming out in a standardised format with a 'footer' containing words such as 'civil directions template'.
Judges currently have available to them three such templates - for civil directions, for ancillary relief directions and for Children Act 1989 private law orders. The templates are widely used by judges and the likelihood is that solicitors will have seen examples, and found it helpful (perhaps even been amazed) when at the end of a hearing the judge printed and handed round copies of his order.
More than mere Word document templates, these are effectively computer programs, which enable a judge to generate what may be a lengthy and complex directions order for himself with minimal use of the keyboard. Such mundane tasks as working out dates, avoiding bank holidays, and calculating interest are automated. Judges also find them a useful aide-mémoire to what is required in an order. The vast majority of judges has accepted the wording used, which is a huge achievement, given the diversity of wording that was formerly used.
The development is ongoing. Work is in hand on templates for orders in care proceedings and for directions orders in appeals to the circuit judge. No doubt other areas will be covered in due course. Variants of the family templates are being prepared for use at the Principal Registry, Family Division, though the bastion of the Royal Courts of Justice has yet to be breached.
Support to the judges is given through their conferencing system, known colloquially as Felix. Thus, when the law or procedure changes, amended templates can be circulated promptly.
One obvious advantage of the adoption of this facility by judges is consistency in the form and phraseology of the orders. Practitioners know what to expect and what wording to use themselves in drafts they prepare for approval.
Feedback from the judges who use the templates has been positive. However, feedback from solicitors receiving these orders would be particularly valuable. To contact this writer, e-mail: arifax@cix.co.uk.
District Judge Geoff Edwards sits at Bradford County Court
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