On 4 November 2021 Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice, set out his vision for how Judges will work in the 21st century at The Master of the Rolls Tom Sargant Memorial Lecture 2021. 

In his speech Sir Geoffrey reflected on the ways in which Judges went about their work and changes in society that had taken place over the last 50 years. He spoke of the need for an entirely online justice system to keep pace with those changes and the ongoing work of the HMCTS Reform Programme which aims to deliver that system.

His vision is of a single entry point for all disputes, with three layers. The first a website and associated app which directs any would-be litigant to the appropriate pre-action portal. A second layer comprising a range of pre-action portals or ombuds processes, and a third layer comprising online court platforms for money claims, damages claims, possession claims, public and private family claims, and employment and immigration tribunals amongst others.

His view of the future for the litigation process envisages directions being given online, evidence uploaded online with many cases being resolved without the need for a hearing at all. He anticipates that the need for so many formally drafted documents will be removed by the use of online sophisticated decision trees. Where required, a hearing might be online or in person.  For commercial cases where a hearing is needed, the hearing should be of proportionate length and broken down into issues. Lengthy business case trials lasting weeks or months will become a rarity or even a thing of the past.

If realised, this will be a major shake-up of the justice system. Harnessing the benefits of modern technology to aid process is to be welcomed and if HMCTS can get it right, will offer real benefits to users across the board and will serve to enhance the attraction of England and Wales as a centre for resolution of disputes. How far these developments will impact the day to day running of commercial cases remains to be seen.