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New official self-service litigation system available in England/Walesrisks] Risks Digest 23.06


From: Dave Farber <dave () farber net>
Date: Tue, 09 Dec 2003 18:24:31 -0500


Date: Sat, 26 Jan 2002 15:43:09 +0000
From: Tony Ford <tony.ford () net ntl com>
Subject: New official self-service litigation system available in England/Wales

Today's *Daily Telegraph* carries a *potentially* disturbing report
describing a new service, "Money Claim Online", whereby individuals and law
firms (solicitors) can issue most simple legal proceedings (where a sum less
than UK pounds 100,000 is claimed, = US$140K)) and enforce judgments via a
Web browser. The new service has been set up without publicity by the Lord
Chancellor's Department, which runs the courts system in England and
Wales. It seems that the system is accessible to the public now, although it
has not been officially launched.

People using the service are (oddly) referred to as "customers" .... and
there is a Customer Help Desk ...

The newspaper report is also viewable at this Daily Telegraph link on-line:
  http://www.telegraph.co.uk/news/main.jhtml
  ?xml=/news/2002/01/26/nsue26.xml&sSheet=/news/2002/01/26/ixhome.html

The service can be seen on-line at:
  https://www.moneyclaim.gov.uk/csmco/index.html

No details are apparent of what measures are taken to validate the identity
of the claiming party or prevent other gross miscarriages of justice ....
but it would appear that the potential exists for significant trouble ....
even though the site warns that "vexatious litigants" are not allowed to us
it (these are people who have abused the litigation system in the past to
such an extent that they have been declared "vexatious litigants",
restricting their ability freely to issue legal proceedings).

PS: I am a lawyer myself, although I don't practise in this area .. but do
work in-house for a large IT company ... these comments are offered purely
in a personal capacity.

Tony Ford, Guildford, Surrey, UK  MailTo:tony.ford () net ntl com

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