The Law Society of England and Wales has backed the Online Procedure Rule Committee’s (OPRC) first Online Procedure Rules, as the consultation to seek views on the draft rules drew to a close yesterday.
The rules, which were published with the consultation at the beginning of December, will apply to online procedures in family, civil and tribunals jurisdictions. Their overriding objective is to “promote access to justice by enabling disputes to be resolved by digital means (before or after the start of legal proceedings) quickly, efficiently, fairly and at proportionate cost.
The rules are set out in three parts: principles governing all online proceedings; the core rules applying to all online proceedings; and additional rules which apply only to particular types of online proceedings.
They establish the duties of parties to online proceedings, outline procedures for active case management by courts and tribunals, and set out requirements for accessibility.
The Law Society said it is supportive of the rules, and encourages the OPRC’s continued collaboration with the legal profession as the application of the rules is widened to other jurisdictions. However, the organisation warned that the simplicity of the rules must not come at the cost of clarity.
Law Society president Mark Evans said:
“The draft rules are simple and straightforward and a positive first step for a digital justice system with a focus on inclusion and access to justice.
“However, the simplicity of the rules must not come at the cost of clarity. While simplified rules should help users navigate online proceedings more easily, existing practice in civil, family and tribunal rules may be lost in the process. This may create confusion and uncertainty, particularly for legal professionals who must regularly comply with the rules.
“The OPRC must consider that a general and high-level approach means they may not achieve what they set out to, or leave participants unclear about their obligations. This is a particular concern for those without representation, who are more likely to find proceedings challenging.
“It is therefore critical that the rules specify who is responsible for the obligations they create.
“We urge the OPRC to engage closely with the profession to avoid any additional burden or confusion for legal professionals.”
The OPRC is an advisory non-departmental public body sponsored by the Ministry of Justice. The Online Procedure Rules were established by the Online Procedure Rules (Specified Proceedings) Regulations 2025.
The Online Procedure (Core Rules and Pilot Schemes) Rules 2026
