Bar Council: 'Lawyerless' online courts will entrench two-tier justice

Plans to create 'lawyerless' courts will not improve access to justice, the Bar Council has warned in response to plans for civil claims of up to £25,000 to go through an online court.

Lord Justice Briggs's recently announced proposals mark a 'fundamental' shift in the judicial processes.

However, the Bar's professional body claims that failures in the justice system and court structures are down to lack of investment and resources.

Chantal-Aimée Doerries QC, chairman of the Bar, said the proposals risked entrenching a system of two-tier justice.

'Individuals navigating a "lawyerless" online court process could easily find themselves in litigation with big organisations who can afford to hire their own legal teams,' she remarked.

'Not being able to recover costs for advice or representation will mean leaving those who need it most to litigate without any legal assistance, which would put them at a significant disadvantage.'

The Bar's chair added that the proposals would mark a shift towards an inquisitorial justice system, which would have major implications for the judiciary, the risks and costs of which have not been assessed.

'Plans that involve the widespread dismantling of existing court structures would need rigorous testing and evaluation as well as careful piloting,' said Doerries. 'Changes of this magnitude go to the heart of our system of justice and should also be subject to parliamentary oversight.

'Our legal system is the envy of the world, but these proposals have the potential to damage that well-deserved reputation.'

The Bar Council also raised concern over the use of case officers in the online court, as a quasi-judicial role would mark a shift to a career judiciary that risked reducing the status and independence of judges.