Civil justice green paper: online diagnostic tool would save £72m over five years

The former senior president of tribunals has urged policy-makers to seriously consider reforms proposed in a Law Society green paper published today to fix the civil justice system. Proposals include an online diagnostic tool identifying the most appropriate dispute resolution processes for individuals and small businesses.

Court of Appeal judge Sir Ernest Ryder said the paper, Proposals for a 21^st Century Justice System, ‘is an impressive, imaginative and forward-looking set of proposals that could enhance access to civil justice by the use of different and developing technologies and dispute resolution methods. I strongly recommend that those responsible for policy and funding give the proposals their serious consideration’.

According to independent cost benefit analysis commissioned in accordance with HM Treasury Green Book Rules, the online diagnostic tool would cost £30m to develop but save £72m in direct costs over five years - split between costs to claimants, defendants and the court.

Other proposals include strengthening the ‘ombuds’ landscape and employment tribunals, enhancing the small business commissioner’s role, and a reformed Legal Aid Agency.

Paul Wilson, policy director at the Federation of Small Businesses, praised the paper for taking small businesses’ needs into account, many of whom do not have in-house lawyers.

‘The online diagnostic tool, expanded ombudsman schemes and a greater role for the Small Business Commissioner, as outlined in the proposals, could help small firms resolve disputes in a more cost-effective manner.’

The proposals are the initial output of nearly a year’s worth of cross-sector engagement after the Society unveiled its 21^st Century Justice project last year.

Incoming Society president Nick Emmerson said: ‘A properly functioning civil justice system is vital to economic growth and a fair society. It’s how businesses make sure they get paid on time and how people assert their rights. Yet the current system is not fit for future purpose. As the membership body representing more than 160,000 practicing solicitors in England and Wales, it is vital that the Law Society is leading the debate about how to create a modern, efficient civil justice system.’

Incoming vice president Richard Atkinson, who chaired the project, wants the proposals to ‘spark debate and generate energy and purpose’ about what the profession can do to fix the civil justice system.

The consultation closes on 5 January.

Commenting on the paper, Parliamentary and Health Service Ombudsman Rob Behrens said: 'When things go wrong in public services, people must be able to hold authorities to account so that standards improve. The current system of multiple ombudsman schemes is a barrier to those who need help. The Law Society share our concerns that the landscape is confusing and fragmented for those seeking justice. I welcome their support in championing much needed reform.'

Behrens said a 'single joined-up national public service ombudsman' was critical for access to justice in the 21st century.

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