Electronic signatures instead of witnesses for LPAs stay on the table – Legal Futures

‘The government has refused to rule out replacing the witnessing of lasting powers of attorney (LPAs) with electronic signatures despite widespread opposition in a consultation.’

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Legal Futures, 20th May 2022

Source: www.legalfutures.co.uk

Tetyana Krupiy: The Modern Bill of Rights creates barriers to challenging algorithmic decisions – UK Constitutional Law Association

Posted April 19th, 2022 in artificial intelligence, benefits, electronic filing, fraud, human rights, news by sally

‘Challenging inaccurate decisions of public authorities which fundamentally impact the life of the British public, could soon be harder. The UK government plans to replace the Human Rights Act 1998 with a Modern Bill of Rights. Its package of law reform proposals will make it very hard, and in some cases impossible, for individuals to challenge decisions produced by the operation of artificial intelligence decision-making processes in court. While individuals who experience discrimination in their daily lives will be particularly affected, all individuals will face barriers to accessing justice. This development is important in light of the fact that the UK government formulated a strategic priority in 2017 to create conditions for the growth of the artificial intelligence industry in the United Kingdom. As a follow up the UK government set up the Government Digital Service and the Office for Artificial Intelligence in 2019 in order to inform public authorities about how they can embed artificial intelligence technology into the provision of public services. This suggests that public authorities will make increasing reliance on the employment of artificial intelligence decision-making processes. The Department for Work and Pensions (DWP) is already using artificial intelligence technology to detect which individuals are fraudulently claiming benefits.’

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UK Constitutional Law Association, 19th April 2022

Source: ukconstitutionallaw.org

Recommendations to allow electronic documents would revolutionise trade – Law Commission

Posted March 18th, 2022 in bills, documents, electronic filing, Law Commission, news by tracey

‘The Law Commission has today published its recommendations and draft legislation to allow for the legal recognition of electronic versions of trade documents such as bills of lading and bills of exchange.’

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Law Commission, 16th March 2022

Source: www.lawcom.gov.uk

Electronic signatures “largest area of change” for property industry – Legal Futures

Posted February 18th, 2022 in conveyancing, delay, electronic filing, housing, news by sally

‘The use of electronic signatures has been the “single largest area of change” in technology for the property industry over the past 18 months, a survey has found.’

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Legal Futures, 16th February 2022

Source: www.legalfutures.co.uk

Electronic signatures “more reliable” than live witnesses – Legal Futures

Posted February 2nd, 2022 in documents, electronic filing, Law Commission, news, witnesses by sally

‘The most sophisticated kind of electronic signatures can be “more reliable” than signatures witnessed the traditional way in an “unsupervised environment”, a government-backed industry working group has said.’

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Legal Futures, 2nd February 2022

Source: www.legalfutures.co.uk

The Farquhar Committee and the Future of the Financial Remedies Court – Family Law

’23 March 2020 will be etched in the mind of generations. It was the day which brought unprecedented change to the way the world worked, not least the operation of the justice system and access to justice. Like many areas of law, the Financial Remedies Court [‘FRC’], was not prepared for the sudden and abrupt suspension of attended hearings, yet advances in technology quickly enabled the FRC to get back to work, albeit, at least to begin with, in a totally alien way for many. The use of remote hearings as a way of administering justice has now been the norm for over 20 months, and as the world begins to cautiously ‘get back to normal’, the question on the minds of all those practicing within the FRC is “what does the new normal look like?”’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

Electronic court bundles – Family Law

Posted December 13th, 2021 in codes of practice, courts, documents, electronic filing, news by tracey

‘The Courts and Tribunals Judiciary have issued general guidance on electronic court bundles. The guidance is intended to ensure consistency in the provision of electronic bundles for court hearings (but not tribunal hearings) in a format that promotes the efficient preparation for, and management of, a hearing.’

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Family Law, 9th December 2021

Source: www.familylaw.co.uk

Claimant liable for abuse of process after misusing online claim system – Legal Futures

Posted December 7th, 2021 in abuse of process, debts, default judgments, electronic filing, news by sally

‘A claimant who filed a request for judgment on the Money Claim Online (MCOL) system, knowing the defendant’s alleged admission had not been made, has been found liable for the tort of abuse of process.’

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Legal Futures, 7th December 2021

Source: www.legalfutures.co.uk

Claimant ‘unreasonable’ for not using portal on overvalued case – Law Society’s Gazette

Posted August 24th, 2021 in costs, electronic filing, news, personal injuries, valuation by sally

‘A costs judge has ruled that a claimant acted unreasonably in not using the portal for a claim that proved to be vastly overvalued.’

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Law Society's Gazette, 23rd August 2021

Source: www.lawgazette.co.uk

Judge warns parties to expect sanctions for incorrect e-bundles – Legal Future

Posted August 10th, 2021 in case management, documents, electronic filing, news, sanctions by sally

‘Judges’ patience with parties that fail to prepare electronic bundles with consistent page numbering is over and they can expect sanctions, the High Court has warned.’

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Legal Futures, 10th August 2021

Source: www.legalfutures.co.uk

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President – Local Government Lawyer

‘The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed “Freedom Day” – when coronavirus restrictions are lifted by the Government.’

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Local Government Lawyer, 15th July 2021

Source: www.localgovernmentlawyer.co.uk

“An end to greedy opportunism” – whiplash reforms finally go live – Legal Futures

Posted June 1st, 2021 in electronic filing, news, personal injuries, road traffic, small claims by sally

‘The Civil Liability Act reforms went live yesterday with the government promising an end to “greedy opportunism” while claimant representatives deemed it a “sad day for justice”.’

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Legal Futures, 1st June 2021

Source: www.legalfutures.co.uk

“Hopelessly complicated” whiplash portal guide slammed – Legal Futures

‘The 64-page users guide for litigants in person navigating the new Official Injury Claim portal has been strongly criticised by a leading academic for being “hopelessly complicated”.’

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Legal Futures, 13th May 2021

Source: www.legalfutures.co.uk

Speech by the Master of the Rolls: Reliable data and technology – the direction of travel for Civil Justice – Courts & Tribunals Judiciary

Posted January 29th, 2021 in computer programs, courts, electronic filing, speeches by tracey

‘Speech by the Master of the Rolls: Reliable data and technology – the direction of travel for Civil Justice.’

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Courts & Tribunals Judiciary, 28th January 2021

Source: www.judiciary.uk

Avoiding the Pitfalls of Remote / Hybrid Hearings: My Ten Top Tips – Family Law Week

Posted January 7th, 2021 in electronic filing, family courts, news, remote hearings by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, offers a few hard earned pointers to improve the remote hearing experience.’

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Family Law Week, 5th January 2021

Source: www.familylawweek.co.uk

Recommendations for the probity of computer evidence – Digital Evidence and Electronic Signature Law Review

Posted December 18th, 2020 in computer programs, disclosure, electronic filing, evidence, news, postal service by sally

‘This paper sets out recommendations for a two stage disclosure process in an attempt to avoid the problems with disclosure of computer data/material in court proceedings, problems that have been exposed in two cases in England: the Post Office Horizon scandal, and the case of the nurses in R v Cahill, R v Pugh.’

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Digital Evidence and Electronic Signature Law Review, 18 (2021), 18-25, 15 December 2020

Source: journals.sas.ac.uk

Speech by the Chancellor of the High Court to Harvard Law School: Online courts – Perspectives from the Bench and the Bar – Courts and Tribunals Judiciary

‘Speech by the Chancellor of the High Court to Harvard Law School: Online courts – Perspectives from the Bench and the Bar.’

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Courts and Tribunals Judiciary, 25th November 2020

Source: www.judiciary.uk

Still no rules but full steam to April for whiplash reforms, says MoJ – Legal Futures

‘Ministers remain “determined” to implement the whiplash reforms next April, a top Ministry of Justice (MoJ) official confirmed yesterday, although it is still not certain when the rules governing the process will be published.’

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Legal Futures, 24th November 2020

Source: www.legalfutures.co.uk

Solicitors oppose move to digital signatures for LPAs – Legal Futures

Posted November 16th, 2020 in electronic filing, fraud, news, powers of attorney, solicitors, statistics by sally

‘The vast majority of solicitors want to retain the rule that donors must physically sign lasting powers of attorney (LPAs) rather than move to electronic signatures, a survey has found.’

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Legal Futures, 16th November 2020

Source: www.legalfutures.co.uk

Vos: ‘lawyers face steep learning curve on tech’ – Law Society’s Gazette

‘All lawyers will need to become familiar with the concepts and workings of distributed ledger technology, smart legal contracts and cryptoassets, according to the next master of the rolls. In a foreword to a landmark report on the regulation of blockchain technology, Sir Geoffrey Vos says that the pandemic “has only emphasised our need to understand the ways in which technology is affecting our professional lives. Lawyers face a steep learning curve.” ’

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk