Post by nickd on Mar 4, 2012 16:06:27 GMT 1
In a further shake up of the civil justice system, changes in the way Her Majesty's Courts & Tribunals Service administer the civil courts system will adversely affect many unrepresented litigants.
Claims will be administered via the Salford 'Business Centre' leaving claimants and defendants to grapple with a faceless system where less staff are on hand on to deal with face to face enquiries.
Just as we approach the final stages of the Legal Aid, sentencing & Punishment of Offenders's Bill now at the report stages in the House of Lords, we hear of further changes which are likely to lead to an increase in the number of people seeking help with a debt problem.
Some lawyers see it as an improvement
The changes are due to be implemented on the 19th March and the legislation is already in place by way of changes to the civil procedure rules. Predominantly the changes affect claimants and defendants who are involved in proceedings concerning a money claim. From 19 March 2012, if you want to make a county court money claim you must send the claim form to the County Court Money Claims Centre (CCMCC) instead of a county court. This change forms part of the 'improvements' that are being made to the administration of civil business. Cases will be issued at the CCMCC and where they become defended and ready to be allocated to track, they will be transferred to an appropriate county court. As with the electronic claims services, claims started at the CCMCC will be issued in the name of Northampton County Court. The CCMCC will be supported by a dedicated telephone contact team who will deal with all enquiries relating to cases being processed there.
In order to process your claim efficiently, from 19 March 2012 you must mail direct all county court claims made under Part 7 of the Civil Procedure Rules that are claims for money only, to the Salford Business Centre:
Here's how the Law Gazzete reports the changes:
"From March, solicitors will no longer need to mail claims with a cheque to individual courts, but must instead e-file them to the centralised facility. Enforcement proceedings and divorce petitions could also soon be handled centrally, although no date has been set.
The new processes are to be run by 300 HM Courts and Tribunals Service staff based at the service’s new Salford Business Centre. The process will not require the name of an issuing court, though the centre holds seals for all county courts in England & Wales, allowing firms to name a preferred court. There will be a telephone service for enquiries.
Centralised electronic filing and billing systems are expected to cut turnaround times from five days to one, and save £2m-£3m a year. However, practitioners warn that the changes are likely to disadvantage unrepresented litigants, as county courts shed staff who previously handled civil claims and provided over-the-counter assistance.
Marie-Claire Clinton, litigation principal at Rugby firm JH Law, said: ‘The scheme’s biggest weakness is litigants in person not understanding the gobbledegook sent out by the courts and, with everything being centralised, having nobody to turn to for advice. The whole system could grind to a halt, especially when the small-claims limit rises from £5,000 to £15,000.’
Law Society Council and civil justice committee member Keith Etherington said: ‘This is a massive sea change in how civil claims are handled. The biggest breakthrough is no longer having to send a cheque with the claim. This opens the door to e-filing so that, potentially, you can file in the morning and have the claim posted in the afternoon, with the bill arriving later.’
A spokesperson for the courts service said the Salford Business Centre had saved nearly £2m in 2010/11 and, together with its associated telephone operation, is expected to save nearly £3m in 2011/12. ‘We are looking to introduce an account arrangement where regular customers can settle our fees by direct debit payment. This will streamline the way we do business."
They are not happy about it in Wales either
Here's how Wales on line reports it:
"The Welsh Government has described Ministry of Justice plans to have all legal cash claims for Wales issued from a business centre in northern England as “not acceptable”.
Last night, the Cardiff Bay administration indicated it would be making strong representations to the Ministry of Justice over the plan, which is due to be implemented in March as part of a cost-cutting exercise. While the administration of justice is not currently devolved, First Minister Carwyn Jones has expressed the view that with Wales now making its own laws, it would make sense for it to be so.
Minutes of a court users’ meeting held in Cardiff earlier this month have been leaked to the Western Mail.
They show that concern at the decision to transfer the filing of legal proceedings from Welsh courts to a business centre in Salford is shared by solicitors, judges and court administrators."
Mylegal view
'Efficiency savings' often lead to the creation of more chaos
The fear is people will not cope - especially without help.
These changes affect not just claimants but defendants as well. The process of defending a claim will be dealt with by the Salford business unit up until the stage it is allocated to a county court.
A source of mine tells me that staff within Her Majesty's Court & Tribunal's Service are deeply concerned over the new changes. It comes at a time when many magistrates' courts have been shut down in cost efficiency savings introduced by the Ministry of Justice since the court closure plans were introduced. We seem to be steering towards courts with a business purpose rather than as an overriding mechanism which ensures everyone receives their fair slice of justice.
Locally, we are now seeing county court hearings, magistrates' sessions & social security Tribunal sessions all being held within one building which has just one main court and a few judges chamber rooms. There's a limit to how much you can cram in to a limited space.
The new Salford Business Centre will process all new money claims, meaning that litigants in person will no longer be able to visit their local county court to issue a claim or to lodge a defence. It appears everything will be dealt with via the centre at Salford. Currently people can visit their local county court, these new changes will mean they will be re-directed to yet another faceless system.
We are told we are a nation in debt with record numbers of people being in a position where they can no longer pay their debts, it is inevitable that sooner or later creditors will move towards greater numbers of court actions as a means of recovering debts owed to creditors; - in the main claims will involve banks who are owed outstanding sums on credit cards and loans. Proposed changes in bailiff regulations may make the prospect of more effective recovery more appealing to creditors - with a consequent increase in the number of claims being issued.
The problem is not everyone can deal with everything on-line or over the phone. Some of the people we see barely have enough money to credit their mobile phones to make calls; - others simply do not possess a computer. Not everyone in the world is equipped to cope in the high speed broadband world; - there are still people who simply cannot read or write and lack the confidence to deal with speaking to people in faceless call centres.
The possibility of chaos increases when people have to apply for fee remission. It is a process which has become very complicated and currently court staff are able to help them by telling them what proof of their income they may need to make a claim or application. In other cases they may need some help with an explanation over how to go about defending a claim. Court staff are very good at explaining the process and identifying litigants who may need some help by directing them to their local advice centre. It is recognised that court staff cannot give legal advice, but they can advise on the process and use their local knowledge to direct people to appropriate sources of help.
Currently, advice centres are facing massive cut backs. It would make no sense to say a solution is to refer people to the Money Advice Service; - those of you who have tried this will know it often ends up advising you to approach your local CAB! The kind of people who are most likely to be affected are those who need face to face advice. The dangers of failing to respond to important court documents within key dates are enormous and greatly amplified by the promotion of yet another faceless and impersonal service, it could lead to the situation where a defendant ends up with a court judgement being registered against them because they simply could not cope with the new process of filing a defence. The other danger is claimants and defendants will simply 'get lost in the system'.
This is all the more reason for the House of Lords to back key amendments due to be debated tomorrow (Monday) when the third day of the report stage of the Legal Aid, sentencing & punishment of offender's bill takes place. This is no time for legal aid in debt cases to be cut back to a point where you will only be able to get help if you are in imminent danger of losing your home. These new changes will encourage further court action - it creates all the more need for legal aid to combat the potential damage this may create. Good advice at or around the point of issue will often determine whether or not there is merit in the case; - it can help sort out which cases are best defended in court.
Read More www.walesonline.co.uk/news/wales-news/2011/12/19/welsh-government-brands-proposal-to-move-all-legal-cash-claims-in-wales-to-northern-england-centre-not-acceptable-91466-29976183/#ixzz1ooqGuBm3
www.lawgazette.co.uk/news/new-salford-scheme-county-court-claims
mylegal.proboards.com/index.cgi?action=display&board=frontline&thread=602&page=1#1408
Claims will be administered via the Salford 'Business Centre' leaving claimants and defendants to grapple with a faceless system where less staff are on hand on to deal with face to face enquiries.
Just as we approach the final stages of the Legal Aid, sentencing & Punishment of Offenders's Bill now at the report stages in the House of Lords, we hear of further changes which are likely to lead to an increase in the number of people seeking help with a debt problem.
Some lawyers see it as an improvement
The changes are due to be implemented on the 19th March and the legislation is already in place by way of changes to the civil procedure rules. Predominantly the changes affect claimants and defendants who are involved in proceedings concerning a money claim. From 19 March 2012, if you want to make a county court money claim you must send the claim form to the County Court Money Claims Centre (CCMCC) instead of a county court. This change forms part of the 'improvements' that are being made to the administration of civil business. Cases will be issued at the CCMCC and where they become defended and ready to be allocated to track, they will be transferred to an appropriate county court. As with the electronic claims services, claims started at the CCMCC will be issued in the name of Northampton County Court. The CCMCC will be supported by a dedicated telephone contact team who will deal with all enquiries relating to cases being processed there.
In order to process your claim efficiently, from 19 March 2012 you must mail direct all county court claims made under Part 7 of the Civil Procedure Rules that are claims for money only, to the Salford Business Centre:
Here's how the Law Gazzete reports the changes:
"From March, solicitors will no longer need to mail claims with a cheque to individual courts, but must instead e-file them to the centralised facility. Enforcement proceedings and divorce petitions could also soon be handled centrally, although no date has been set.
The new processes are to be run by 300 HM Courts and Tribunals Service staff based at the service’s new Salford Business Centre. The process will not require the name of an issuing court, though the centre holds seals for all county courts in England & Wales, allowing firms to name a preferred court. There will be a telephone service for enquiries.
Centralised electronic filing and billing systems are expected to cut turnaround times from five days to one, and save £2m-£3m a year. However, practitioners warn that the changes are likely to disadvantage unrepresented litigants, as county courts shed staff who previously handled civil claims and provided over-the-counter assistance.
Marie-Claire Clinton, litigation principal at Rugby firm JH Law, said: ‘The scheme’s biggest weakness is litigants in person not understanding the gobbledegook sent out by the courts and, with everything being centralised, having nobody to turn to for advice. The whole system could grind to a halt, especially when the small-claims limit rises from £5,000 to £15,000.’
Law Society Council and civil justice committee member Keith Etherington said: ‘This is a massive sea change in how civil claims are handled. The biggest breakthrough is no longer having to send a cheque with the claim. This opens the door to e-filing so that, potentially, you can file in the morning and have the claim posted in the afternoon, with the bill arriving later.’
A spokesperson for the courts service said the Salford Business Centre had saved nearly £2m in 2010/11 and, together with its associated telephone operation, is expected to save nearly £3m in 2011/12. ‘We are looking to introduce an account arrangement where regular customers can settle our fees by direct debit payment. This will streamline the way we do business."
They are not happy about it in Wales either
Here's how Wales on line reports it:
"The Welsh Government has described Ministry of Justice plans to have all legal cash claims for Wales issued from a business centre in northern England as “not acceptable”.
Last night, the Cardiff Bay administration indicated it would be making strong representations to the Ministry of Justice over the plan, which is due to be implemented in March as part of a cost-cutting exercise. While the administration of justice is not currently devolved, First Minister Carwyn Jones has expressed the view that with Wales now making its own laws, it would make sense for it to be so.
Minutes of a court users’ meeting held in Cardiff earlier this month have been leaked to the Western Mail.
They show that concern at the decision to transfer the filing of legal proceedings from Welsh courts to a business centre in Salford is shared by solicitors, judges and court administrators."
Mylegal view
'Efficiency savings' often lead to the creation of more chaos
The fear is people will not cope - especially without help.
These changes affect not just claimants but defendants as well. The process of defending a claim will be dealt with by the Salford business unit up until the stage it is allocated to a county court.
A source of mine tells me that staff within Her Majesty's Court & Tribunal's Service are deeply concerned over the new changes. It comes at a time when many magistrates' courts have been shut down in cost efficiency savings introduced by the Ministry of Justice since the court closure plans were introduced. We seem to be steering towards courts with a business purpose rather than as an overriding mechanism which ensures everyone receives their fair slice of justice.
Locally, we are now seeing county court hearings, magistrates' sessions & social security Tribunal sessions all being held within one building which has just one main court and a few judges chamber rooms. There's a limit to how much you can cram in to a limited space.
The new Salford Business Centre will process all new money claims, meaning that litigants in person will no longer be able to visit their local county court to issue a claim or to lodge a defence. It appears everything will be dealt with via the centre at Salford. Currently people can visit their local county court, these new changes will mean they will be re-directed to yet another faceless system.
We are told we are a nation in debt with record numbers of people being in a position where they can no longer pay their debts, it is inevitable that sooner or later creditors will move towards greater numbers of court actions as a means of recovering debts owed to creditors; - in the main claims will involve banks who are owed outstanding sums on credit cards and loans. Proposed changes in bailiff regulations may make the prospect of more effective recovery more appealing to creditors - with a consequent increase in the number of claims being issued.
The problem is not everyone can deal with everything on-line or over the phone. Some of the people we see barely have enough money to credit their mobile phones to make calls; - others simply do not possess a computer. Not everyone in the world is equipped to cope in the high speed broadband world; - there are still people who simply cannot read or write and lack the confidence to deal with speaking to people in faceless call centres.
The possibility of chaos increases when people have to apply for fee remission. It is a process which has become very complicated and currently court staff are able to help them by telling them what proof of their income they may need to make a claim or application. In other cases they may need some help with an explanation over how to go about defending a claim. Court staff are very good at explaining the process and identifying litigants who may need some help by directing them to their local advice centre. It is recognised that court staff cannot give legal advice, but they can advise on the process and use their local knowledge to direct people to appropriate sources of help.
Currently, advice centres are facing massive cut backs. It would make no sense to say a solution is to refer people to the Money Advice Service; - those of you who have tried this will know it often ends up advising you to approach your local CAB! The kind of people who are most likely to be affected are those who need face to face advice. The dangers of failing to respond to important court documents within key dates are enormous and greatly amplified by the promotion of yet another faceless and impersonal service, it could lead to the situation where a defendant ends up with a court judgement being registered against them because they simply could not cope with the new process of filing a defence. The other danger is claimants and defendants will simply 'get lost in the system'.
This is all the more reason for the House of Lords to back key amendments due to be debated tomorrow (Monday) when the third day of the report stage of the Legal Aid, sentencing & punishment of offender's bill takes place. This is no time for legal aid in debt cases to be cut back to a point where you will only be able to get help if you are in imminent danger of losing your home. These new changes will encourage further court action - it creates all the more need for legal aid to combat the potential damage this may create. Good advice at or around the point of issue will often determine whether or not there is merit in the case; - it can help sort out which cases are best defended in court.
Read More www.walesonline.co.uk/news/wales-news/2011/12/19/welsh-government-brands-proposal-to-move-all-legal-cash-claims-in-wales-to-northern-england-centre-not-acceptable-91466-29976183/#ixzz1ooqGuBm3
www.lawgazette.co.uk/news/new-salford-scheme-county-court-claims
mylegal.proboards.com/index.cgi?action=display&board=frontline&thread=602&page=1#1408