Healys' commercial litigation solicitor, Carolyn Wilson, explores how hopes of the "paperless Court file" are progressing.
The English Court has taken a long-awaited step into the 21st century by enabling parties to commence and progress litigation electronically.
It has, for several years, been possible for parties involved in litigation to file certain documents by email in a number of County Courts and the Commercial Court. However, the Electronic Working Scheme which has been operating since 1st April 2010 in the Admiralty, Commercial and London Mercantile Courts, Technology and Construction Court and Chancery Division of the High Court (to include the Patents Court and Bankruptcy and Companies Court) is far more progressive in its scope and of significant benefit to Court users.
Some of the key advantages of the new scheme over its predecessors are that:
- all Court documents can be filed and issued electronically, including claim forms and applications. In the next couple of weeks, it will be possible to pay issue fees online rather than via the fees office
- the system operates 24 hours a day 365 days of the year and so (with the exception of some limited periods of 'down time') enables parties to issue claim forms and applications and file documents outside of the limited court office opening hours
- upon the automated receipt by the Court of an electronic document, parties can be certain that the claim form will be issued that same day
- a document which is acknowledged as having been received by the Court before midnight will be treated as having been filed that same day
- there are enhanced security measures in respect of information that is communicated or stored electronically, for example by the use of passwords
- the Court's electronic record will be automatically updated and parties are entitled to access this to inspect and obtain copy documents
Whilst the new scheme has not yet resulted in a paperless Court file (allocation questionnaires, application bundles and certain other documents being required in both paper and electronic format), the move goes some way towards offering parties greater flexibility and is likely to be of particular benefit to those located some distance from the High Court and claimants issuing proceedings at the end of a limitation period.
Healys' Commercial Litigation Solicitors in London and Brighton
For more information on E-Litigation or to discuss any aspect of commercial law please call Carolyn Wilson in our London office on 02078 224 107. Alternatively you can send an email via Carolyn.Wilson@healys.com
