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The Civil Procedure Rules at 20$
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Andrew Higgins

Print publication date: 2020

Print ISBN-13: 9780198863182

Published to Oxford Scholarship Online: October 2020

DOI: 10.1093/oso/9780198863182.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 October 2021

Transformation from First Principles

Transformation from First Principles

Chapter:
(p.71) 5 Transformation from First Principles
Source:
The Civil Procedure Rules at 20
Author(s):

Ernest Ryder

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198863182.003.0005

This chapter outlines the case for modernisation of the tribunal system where most litigants are unrepresented and many are vulnerable. There has been historic underinvestment in the justice system; prior to 2015 the Lord Chief Justice and the Senior President of Tribunals were effectively engaged in a process of managed decline. The modernisation programme holds out great potential. There is a high demand from users for an accessible online tribunal system. In some areas the success rate of appeals to tribunals exceeds 70%, calling into question the quality of primary decision making in those areas. While the headline objective of modernisation is easy—we want to make the system more efficient and effective—any process of change should be rooted in principle, and it needs to be rigorously evaluated. As Senior President of Tribunals, I have to provide justice that is swift, informal, flexible, specialist or expert and innovative. The dominant principle in relation to modernisation is that we should provide access to justice as an indivisible right without price rationing as the consequence of austerity.

Keywords:   access to justice, rationing, online courts and tribunals, virtual hearings, case management, primary decision making, effectiveness

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