Three Fixable Flaws in The Courts and Tribunals (Online Procedure) Bill

Abstract

This short paper argues that The Courts and Tribunals (Online Procedure) Bill, as recently introduced in the House of Lords, has three serious flaws: the composition of the Committee it creates; that it puts oral hearings and paper-based channels in a precarious position; and the rule-making process it envisages gives too much power to the Lord Chancellor. All of these flaws are fixable with simple amendments, many of which have been tabled yet resisted. If the Bill passes in current form, the resulting Committee will no doubt be able to do its job. But there will be unnecessary cracks in the foundations of digital procedure. Over time, these will have to be fixed or they will likely manifest in flawed procedures and, ultimately, in flawed management of the cases where the rights and entitlements of individuals are in play.