Online Procedure Rules support digital justice

The Law Society of England and Wales has expressed its support for the first Online Procedure Rules (OPRs) introduced by the Online Procedure Rule Committee (OPRC), viewing them as a significant advancement towards a more accessible digital justice system. The Law Society is keen for the OPRC to collaborate closely with legal professionals in expanding these rules to other areas of the law.

The OPRC is tasked with establishing rules for online processes within the civil, family, and tribunal jurisdictions. Following a recent consultation, the Law Society highlighted several key points. Firstly, it praised the committee's emphasis on maintaining access to justice by ensuring disputes are resolved fairly and efficiently through online means while upholding principles of accessibility and inclusion. They stressed the importance of an iterative approach to evolving rules, ensuring clarity for practitioners as more types of proceedings are included within the framework and aligning with existing regulations across jurisdictions.

Law Society president Mark Evans remarked, “The draft rules are simple and straightforward and a positive first step for a digital justice system with a focus on inclusion and access to justice.” Nevertheless, he cautioned that the straightforward nature of the rules should not compromise clarity, noting that while simplification may aid users, it risks diminishing established practices tied to civil, family, and tribunal rules. This concern could lead to confusion, especially for legal professionals who need to adhere to complex regulations consistently.

Evans added, “The OPRC must consider that a general and high-level approach means they may not achieve what they set out to or leave participants unclear about their obligations.” He specifically mentioned the challenges faced by unrepresented individuals in navigating proceedings and stressed the necessity for the rules to delineate who bears the responsibility for the obligations created.

Lastly, the Law Society urged the OPRC to maintain close engagement with legal practitioners to prevent the inadvertent creation of additional burdens or confusion that might hinder the implementation of these vital online proceedings.