Category Archives: Access to Justice

My SCL predictions for 2017 – the snarling of a cynical old hack

Computers & Law, the online presence of the Society for Computers & Law, asks every year for our predictions for the following year. Most people, quite properly, use this opportunity to give straight-up-and-down ideas of where we are going and … Continue reading

Posted in Access to Justice, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ministry of Justice | Leave a comment

Discussing online courts as we fight about the cost of paper bundles. An institutional shambles

Two recent documents will be of interest to those who are concerned (in the widest sense of the word) with the development of online courts in England and Wales. If you wonder why this is of relevance to my generally ediscovery-focused … Continue reading

Posted in Access to Justice, Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Ministry of Justice | Leave a comment

Cicayda helps law students build apps for access to justice and this may benefit all of us

What connects a law school course run by a Nashville-based eDiscovery software company and a legal expert systems company with a UK report on access to justice? And what has any of these to do with the recruitment of young people … Continue reading

Posted in Access to Justice, Cicayda, Civil justice, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

A representative selection of sessions at the IQPC London Information Governance and eDisclosure Summit

I avoid lists, on the whole. Apart from the fact that one can sense the readers bleeding away, there is always the risk of omitting somebody or something, or of appearing to give an unintended priority to one thing rather … Continue reading

Posted in Access to Justice, Consilio, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, IBM, KCura, Recommind, Symantec, ZyLAB | Leave a comment

The destruction of Justice and Criminal Legal Aid

Whilst we have been worrying about the MoJ’s botched implementation of the Civil Procedure Rules, the Justice Minister Chris Grayling (known as Failing Grayling and not merely because he is a Lord Chancellor without legal qualification) has been quietly but … Continue reading

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MoJ Consultation on Civil Justice and Bash-a-Burglar: every man for himself replaces access to justice

Lady Hale’s speech on access to justice, the government’s “bash a burglar” scheme, issuing proceedings in Salford, competition from Singapore for dispute resolution as well as banking, eDisclosure and hoods packing heat – all in 2,000 words. A Ministry of … Continue reading

Posted in Access to Justice, Civil justice, Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Mediation and ADR, Ministry of Justice | Leave a comment

Lunch-time talk in Sydney with Nuix and KPMG

Knowing that Master Whitaker and I were going to be in Sydney for the Chilli IQ eDiscovery conference, Eddie Sheehy of Nuix invited us to speak at a lunch organised by Nuix and KPMG. The venue was a room on … Continue reading

Posted in Access to Justice, Australian courts, Case Management, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KPMG, Litigation, Litigation Support, Nuix | Leave a comment

First thoughts on the eDisclosure implications of the Jackson Report

The sections relating to disclosure and e-disclosure in the Jackson Report are a call to action for lawyers and judges without waiting for any actual amendment to the Rules. The key element which Jackson identifies is education, and we can … Continue reading

Posted in Access to Justice, Autonomy, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Orange Rag: Scottish Civil Costs Review – a missed opportunity

John Craske, Head of Business IT at Dundas & Wilson LLP has contributed a guest article to the Orange Rag which hints at disappointment in the Scottish Civil Courts Review. I wrote briefly about the Report of the Scottish Civil … Continue reading

Posted in Access to Justice, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, EU, Judges, Legal Technology, Litigation, Litigation Support, Scottish Courts | Leave a comment

How IT can support judicial reform? asks Dutch judge Dory Reiling

How many judges do you know who might write a PhD thesis with the title Technology for Justice: How Information Technology Can Support Judicial Reform, discuss it on her blog, and promise to inform you of its publication by Twitter. … Continue reading

Posted in Access to Justice, Courts, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, IQPC, Judges, Legal Technology | Leave a comment

Spitting on the deck of the CPR

Unintended consequences are not necessarily unforeseeable. It was wholly predictable that the pre-issue obligations of the 1999 Civil Procedure Rules would shift the battleground to the front end of the litigation, and with obvious consequences in costs. As with the … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, FRCP, Judges, Litigation, Litigation costs | Leave a comment

Scottish Civil Courts Review

One of my aims this evening was to knock out a few words on those parts of the newly-published Report of the Scottish Civil Courts Review as relate to case management and disclosure of documents, before moving on to one … Continue reading

Posted in Access to Justice, Civil justice, Court Rules, Courts, Judges, Scottish Courts | Leave a comment

Technology and constitutional protection at the Supreme Court

Readers will know that the defence of our democratic rights vies for my attention with efficient case management and the use of technology in litigation. The new Supreme Court combines both of these interests. There is a story of a … Continue reading

Posted in Access to Justice, Civil justice, Civil Liberties, Court Technology, Judges, Supreme Court | Leave a comment

The CPR were a product of their time. That time has gone.

If I were peddling porn or a political party, I would gauge the success of this site by the number of hits each day. I am content enough with that indicator, but what is more interesting to me are comments … Continue reading

Posted in Access to Justice, Civil justice, Court Rules, CPR, Litigation | Leave a comment

Jackson Litigation Costs Review consultation ends

A few seconds before midnight on Friday, an e-mail arrived from Abigail Pilkington, the Clerk to the Review of Civil Litigation Costs. It was a bit eerie, really. The East Wing of the Royal Courts of Justice is a cavernous, … Continue reading

Posted in Access to Justice, Attenex, Autonomy, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, DocuMatrix, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Equivio, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, RingTail | Leave a comment

Woolf v Genn: the decline of civil justice

My post’s heading, Woolf v Genn: the decline of civil justice, is taken from an article in the Times of 23 June 2009 which I missed. I do not altogether blame myself for not seeing it — the people who … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, eDiscovery, Electronic disclosure, Judges | Leave a comment

Ark Group e-Disclosure Conference 2009

You can generate a lot of notes in six conference days in three countries in nine days and have little time to transcribe them. I am quite good at actually recording what people say, less so at the small but … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Forensic data collections, Litigation, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

Labour’s fall may be matched by litigation’s recovery

I have just sent off my slides for my keynote speech at the Ark Group’s e-disclosure conference on Monday 9 June. Its title is The Empty Bear Garden, and it is about the decline of litigation since the CPR of … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, DocuMatrix, E-Discovery Suppliers, eDisclosure, Epiq Systems, Litigation, Litigation costs | Leave a comment

Jackson launches costs management trial in Birmingham

Lord Justice Jackson went to Birmingham on Tuesday to encourage its litigation solicitors to take part in a costs management trial in the specialist courts. The details are interesting, but less so than the policy considerations which underlay Sir Rupert’s … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Litigation, Litigation costs, Lord Justice Jackson, Mercantile Courts | Leave a comment

Something for everyone in the Jackson litigation costs report

Lord Justice Jackson’s interim report on civil litigation costs weighed in at 650 pages, not the 1,000 pages which rumour anticipated. It is as well that I am commentator not a newshound journalist, because I missed the big day and … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

The MoJ and litigation reform

I am not sure what to make of yesterday’s article in the Lawyer. Chaos as MoJ scuppers litigation reform is the headline. Below that, the sub-heading shouts Judges and politicians at loggerheads as Jackson review kicked into touch. My difficulty … Continue reading

Posted in Access to Justice, Civil justice, Lord Justice Jackson, Ministry of Justice | Leave a comment

LexisNexis debate marks ten years of the CPR

LexisNexis, publishers of the Civil Court Practice 2009 “The Green Book” marked the tenth anniversary of the Civil Procedure Rules with a debate chaired by Lord Neuberger which considered the impact of the CPR and assessed its strengths and weaknesses. … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, Electronic disclosure, Litigation, Litigation costs, Litigation Support | Leave a comment

Informed comment in the Times adds to the Woolf rules debate

No sooner had I published my post Have the Woolf reforms worked? yesterday when Jonathan Maas flicked me a link to an article in Times Online on the same subject. It is called Sad and unsatisfactory – but not destroyed … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Have the Woolf reforms worked?

An article in the Times of 9 April had the title Have the Woolf reforms worked? Written by Lawrence West QC, it makes an uncompromising start with the assertion in the first paragraph that “the reforms — known as the … Continue reading

Posted in Access to Justice, Case Management, Court Rules, Courts, CPR, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Lord Justice Jackson | Leave a comment

Taking the Administrative Courts to the regions

The Times of 9 April carried an interview with Sir Anthony May, President of the Queen’s Bench Division. Its title London-centric? We are taking power to the people conveys the gist of the article. The Administrative Court is to soon … Continue reading

Posted in Access to Justice, Civil justice, Courts, HM Courts Service | Leave a comment

Zander sees his Woolf CPR predictions justified

Michael Zander QC, now Emeritus Professor at the LSE, was a forthright and eloquent critic of the Woolf reforms which led to the Civil Procedure Rules in 1999. Few took much notice of his predictions, least of all Lord Woolf. … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Mediation and ADR, Part 31 CPR | Leave a comment

Ark Group Conference 8-9 June 2009

The brochure came out today for Ark Group’s e-Disclosure conference taking place in the Ibis Hotel, Earls Court, London on 8-9 June. The main attraction is Lord Justice Jackson who will be presenting a review of the litigation costs working … Continue reading

Posted in Access to Justice, Case Management, Commercial Court, Court Rules, Courts, CPR, Document Retention, eDisclosure, eDisclosure Conferences, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Mediation and ADR, Mercantile Courts, Part 31 CPR | Leave a comment

Mediation – not about just settlement but just about settlement

Professor Dame Hazel Genn QC has launched a stinging attack on the downgrading of civil justice and the promotion of mediation at the expense of the civil litigation system. ADR is a worthy parallel remedy but government promoted it more … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Electronic disclosure, Judges, Litigation, Litigation costs | Leave a comment

Judge Facciola LegalTech messages are for UK as well as US lawyers

There was something almost surreal about the discovery that the LegalTech organisers had failed to record US Magistrate Judge John Facciola’s keynote speech, given that Facciola regularly delivers Opinions castigating parties either for faulty decisions about technology or for technological … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges, LegalTech, Litigation, Litigation costs, Litigation Support | Leave a comment

Jackson sets out some litigation costs issues

A thoughtful article by Simon Davis and Simon James of Clifford Chance has appeared on the Lexology site. A purist might quibble about its title – Jackson’s dilemma – or how to cut the cost of litigation – on the … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

SCL meeting – Civil Litigation Costs Review

Lord Justice Jackson is conducting a year-long review into the costs of civil litigation at the request of the Master of the Rolls. His terms of reference require him to undertake a fundamental review of the rules and principles governing … Continue reading

Posted in Access to Justice, Civil justice, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

Job cuts at the Legal Services Commission

The Government’s commitment to access to justice is so important that it even warrants capital letters – it is Access to Justice, no less, which, as I noted in another post recently, must mean that it is an “initiative” (or … Continue reading

Posted in Access to Justice, Civil justice, Litigation, Litigation costs | Leave a comment