Digital renaissance

In a digital age where communication is
overwhelmingly by email, telephone and
instant message, the courts' antiquated case
management systems are left vulnerable to
unreliability, manual error, delay and
ever-increasing cost. Modern systems provide
opportunities to speed up these processes, making access to justice cheaper and easier.

Holding back from making any connection to legal aid reforms and the recent breakdown of high value fraud trials, it seems obvious that the court system must make cuts somewhere
if it is to survive with any degree of credibility, especially in an international marketplace.

Earlier attempts at electronic reform, championed by Lord Woolf, were quickly derailed. A change in approach is now required. We must look afresh at what is needed and cast aside traditional concepts. Anyone who has presented at court will sympathise with Lord Thomas' astute observation that "it is not uncommon to find court papers are filed on time but don't reach the court for hearing".

Without electronic case management or filing systems, judges and clerks must rely on the data available to them, causing delay and putting justice in jeopardy. As an example, Lord Thomas referred to an unnamed colleague forced to take two days out of court sitting to spend time filing papers that had accumulated in his office. Hardly the most efficient use of any judge's time, yet it remains an 'old school' necessity.

Of course, modernisation extends beyond a simple filing system, although it would be a start. A coherent case management system that can work across the criminal and civil courts as well as the tribunal system is a big ask. Perhaps even bigger than the controversial computerisation of the NHS, widely reported as a £12bn failure when it was eventually laid to rest.

Lord Thomas, however, is someone who has learnt from the past. Setting out a nine-point lesson plan, he is acutely aware of the task ahead and that those before him have failed. He acknowledges that change might not be quick, urges realism and won't be looking to just bring technology up to date but to create a system which is future proof.

His mind is set on a multi-jurisdictional approach, not only for systems and IT, but for the flexible deployment of judges under a common governance. Video links, a paperless court and immediate access to information is likely to form part of the mix.

With agreement in place and funding to follow, success will be crucial. Lord Thomas strongly believes that we won't have another opportunity again in our lifetime. "For 150-plus years, government has been trying to achieve a justice system that pays for itself" and all three limbs of the court system as joint venturers must succeed. He will also need the support and commitment of us, the user.

Hogan Lovells' incoming global CEO, Steve Immelt, recently referred to the tenets that have led the global law firm to success. Collaboration, cooperation and a client focused problem solving mindset. The only difference for the courts is that this time the judgement won't come from within.

Kevin Poulter, editor at large

@SJ_Weekly

#SJPoulter

editorial@solicitorsjournal.co.uk