The Online Court: Filling the Gaps of the Civil Justice System?

In his Civil Courts Structure Review Lord Justice Briggs argues that a user-friendly online court will be the best strategy to increase access to justice in England and Wales. The forthcoming online court will incorporate alternative dispute resolution (ADR) techniques to resolve small and medium value disputes. This article evaluates the EU regulatory initiatives to promote consumer ADR schemes and its implementation in the UK. It also examines the online court and it considers whether it could operate as a residual dispute resolution forum for those consumers who cannot benefit from ADR because of the traders’ refusal to participate. This article highlights the problems with the existing piecemeal approach to consumer redress and proposes pathways between the two different dispute resolution options to fill the gaps in the Civil Justice System.