The Online Procedure (Rules and Practice Directions) Rules 2026

Published: Fri 26th Jun 26

This Statutory Instrument establishes a framework for conducting civil proceedings in England and Wales through a dedicated digital service managed by HMCTS. It mandates that specified proceedings—initially limited to possession proceedings—must be initiated and conducted via GOV.UK, while providing paper-based alternatives for unrepresented individuals.

The rules grant courts extensive active case management powers, including the authority to direct parties toward mediation, decide issues without full hearings, and transfer cases out of the online system if necessary to achieve justice.

Arguments For

The legislation states that its overriding objective is to promote access to justice by resolving disputes more quickly, efficiently, and fairly at a proportionate cost.
Proponents within the document assert that digital means can facilitate earlier dispute resolution through online advice and consensual dispute resolution.
The rules provide for "assisted digital support" and non-digital alternatives for unrepresented persons to ensure that the system remains usable for all parties.
The document claims that active case management, such as early identification of issues and flexible timetabling, allows the court to manage resources more effectively.
The order asserts that the inclusion of pilot schemes under Rule 3 allows for the assessment and testing of new procedures before they are formally incorporated into the permanent rules.

Arguments Against

Legal commentators may argue that the requirement to use digital services could create barriers for individuals with limited technological literacy or access, despite the provision of paper forms.
Civil liberties groups might express concerns that the power to dismiss claims without a full hearing (Rule 10f) could impact a party's right to a comprehensive judicial review of their case.
Implementation difficulties may arise regarding the stability and accessibility of the HMCTS digital service, as acknowledged by Rule 15's provisions for service unavailability.
Affected parties in Wales may face ambiguities regarding how the right to use the Welsh language will be practically facilitated in an automated digital environment.
Legal scholars might question the breadth of Rule 3, which allows practice directions to modify or disapply rules during pilot phases, potentially leading to procedural inconsistency across different regions or courts.

Citation and commencement

These Rules may be cited as the Online Procedure (Rules and Practice Directions) Rules 2026, and come into force on 7th September 2026.

This section establishes the formal name of the statutory instrument.

It sets the date for the rules to take legal effect as 7th September 2026.

The Online Procedure Rules 2026

-(1) The Schedule to these Rules contains the Online Procedure Rules 2026.

(2) In the Online Procedure Rules 2026, any reference to 'these Rules' means the Online Procedure Rules 2026 themselves, and any reference in those Rules to a rule by number alone means the rule with that number in those Rules.
(3) The Online Procedure Rules 2026 apply to the types of proceedings listed in the first column of the table below. The date from which they apply to each type of proceedings is set out in the second column. The cases where they apply and how they apply (for example, whether they apply to all proceedings of that type or only proceedings which involve particular parties or are started after a particular date) are set out in the third column or in any practice direction referred to in the third column.

Table 1

| Type of proceedings | Date from which Rules apply | Extent of application | |---|---|---| | Possession proceedings | 7th September 2026 | As set out in Practice Direction 'Online Procedure Rules for Possession Proceedings'( 2 ) |

This section incorporates the detailed rules found in the Schedule and defines the scope of their application.

It specifies that as of 7th September 2026, the rules apply to possession proceedings as defined by specific practice directions.

Practice directions for piloting new practice and procedure

-(1) Practice directions may establish pilot schemes for assessing new practice and procedure before provision for that practice and procedure is incorporated in any Online Procedure Rules, in accordance with paragraphs (2) and (3).

(2) If provision is not already made by or under any Online Procedure Rules, practice directions may make provision for the practice and procedure to be followed in any type of proceedings, for a specified period to enable that practice and procedure to be assessed.

(3) Practice directions may modify or disapply any provision made by or under Online Procedure Rules-

(a) for specified periods;
(b) in relation to specified types of proceedings; and
(c) in relation to proceedings in specified courts and tribunals,

during the operation of pilot schemes for assessing the use of new practice and procedure in connection with proceedings.

(4) In this rule, 'specified' means specified in the relevant practice direction.

This rule authorizes the creation of pilot schemes to test new legal practices before they are formally adopted.

It permits practice directions to temporarily alter or waive standard online procedure rules for specific types of cases or in particular courts during these trial periods.

Online proceedings

These Rules govern online proceedings. Online proceedings are proceedings specified in Part 3 of these Rules, which are required or authorised to be to be initiated, conducted, progressed, or disposed of by electronic means, or by equivalent non-electronic means where these Rules allow.

This provision defines "online proceedings" as legal actions that the rules require or allow to be handled electronically.

It covers the entire lifecycle of a case, from the initial filing to the final resolution.

Digital service

Everything in online proceedings is to be done by way of a digital service designed and maintained by or on behalf of His Majesty's Courts and Tribunals Service (HMCTS) and accessed on GOV.UK. Technical specifications and data standards for the digital service will be published on GOV.UK. There may be different digital services for different types of online proceedings.

This section mandates the use of a specific digital platform provided by His Majesty's Courts and Tribunals Service for all actions within online proceedings.

It notes that HMCTS may develop distinct digital interfaces tailored to different categories of legal cases.

The Overriding Objective

The Overriding Objective of these Rules is to promote access to justice by enabling disputes to be resolved using digital means (before or after the start of proceedings) quickly, efficiently, fairly and at proportionate cost.
All those involved in online proceedings must do all they can to achieve the Overriding Objective and to follow these Principles.
The court or tribunal must, in order to achieve the Overriding Objective, seek to-

(a) manage online proceedings actively so that they are dealt with quickly and fairly;
(b) make sure that all parties and witnesses, whether vulnerable or not, can fully participate in online proceedings and give their best evidence;
(c) make sure that all parties are on an equal footing and are treated fairly;
(d) promote all forms of dispute resolution in and out of court or tribunal;
(e) find ways to make sure that online proceedings are dealt with proportionately to the value, importance and complexity of the case, the court's resources and the financial position of each party;
(f) make sure everyone obeys rules, practice directions and court orders;
(g) allow reasonable public access to court and tribunal decision-making.

In any proceedings having a connection to Wales, the Welsh language may be used by any person who wishes to use it.

This section establishes the guiding principle for the rules, which is to ensure fair and cost-effective resolution of disputes via digital platforms.

It imposes a legal duty on both the court and the parties to act in ways that support efficiency, accessibility for vulnerable persons, and the use of alternative dispute resolution.

Additionally, it guarantees the right to use the Welsh language in cases connected to Wales.

Duties of the parties to online proceedings

The parties to online proceedings must-

(a) help the court or tribunal to achieve the Overriding Objective;
(b) take all reasonable and appropriate steps to settle their disputes;
(c) cooperate fully with the court or tribunal's active case management of the online proceedings;
(d) identify the issues that the court or tribunal needs to decide in the online proceedings;
(e) act in good faith when dealing with the court or tribunal and other parties.

This section outlines the specific responsibilities of the individuals or entities involved in a lawsuit.

It requires them to work toward settling the case, cooperate with judicial directions, and act with honesty throughout the digital process.

Active case management of online proceedings by the court or tribunal

Active case management of online proceedings by the court or tribunal includes-

(a) directing or encouraging the parties to cooperate in the management and progression of online proceedings;
(b) directing or encouraging the parties to use other methods to resolve their disputes and helping them use those methods;
(c) helping the parties to reach agreement about all or part of the online proceedings;
(d) fixing and controlling timetables to move the online proceedings forward;
(e) considering and deciding whether the outcomes of a future step are justified by its cost;
(f) making directions that enable the online proceedings to be resolved without the parties coming to court;
(g) making full and effective use of technology;
(h) holding hearings and receiving evidence by phone, video or other electronic means where appropriate;
(i) combining two or more sets of online proceedings into one, and dealing with more than one set of online proceedings together;
(j) pausing all or part of any online proceedings or judgment without setting an end date or until a future date or event;
(k) ordering a party to send the court or tribunal and the other parties a budget for the details of the costs they have spent or expect to spend on the online proceedings;
(l) making any other order for the purpose of managing the case and achieving the overriding objective.

This section grants judges and tribunal members the authority to direct the flow of the case.

It permits them to mandate digital evidence submission, hold remote hearings via video or phone, set strict deadlines, and require parties to provide financial budgets for their legal costs.

Identifying issues and deciding issues

Active management of online proceedings by the court or tribunal also includes-

(a) early identification of the issues that the court or tribunal needs to decide;
(b) deciding promptly which issues should be decided at a full hearing by the court or tribunal and which issues can and should be dealt with more quickly;
(c) deciding the order in which issues are to be dealt with;
(d) having a separate hearing to decide any issue, or deciding that an issue does not need to be dealt with;
(e) dealing with as many parts of the online proceedings as possible on the same occasion;
(f) dismissing a claim or an issue in a claim without a full hearing;
(g) giving judgment in the online proceedings after a decision on an issue.

This provision gives the court power to streamline cases by determining which legal questions require a full hearing and which do not.

It specifically authorizes the court to dismiss claims or provide final judgments without a full hearing if appropriate.

Time allowed for things to be done

The court or tribunal may-

(a) allow more time or less time to follow a rule, practice direction or order, even if the request for more time is made after a deadline has passed;
(b) bring forward a hearing, or postpone a hearing even if the hearing has started;
(c) require a party or their representative to attend the court or tribunal at a specified time.

This section grants the court flexibility regarding procedural deadlines.

The court may extend or shorten time limits for any rule and can adjust hearing dates as it deems necessary.

Accessibility of the digital service

The digital service providing the platforms for online proceedings will be designed and maintained so as to be usable by all.
If an unrepresented party to online proceedings wishes to use non-electronic means to access online proceedings and to communicate with the court or tribunal, they (whether individuals or corporate entities) must do so in the manner provided by these Rules, supported by the systems provided by or on behalf of HMCTS.
Users of the digital service shall have access to-

(a) plain language guidance;
(b) reasonable adjustments for disability and specific needs;
(c) measures to support effective participation;
(d) assisted digital support;
(e) non-digital alternatives in accordance with these Rules.

If the digital service is not available for any reason, no person is to be disadvantaged in online proceedings because they could not use the service during that time.

These rules require the digital court system to be accessible and provide for "assisted digital support" and disability adjustments.

They establish a safeguard ensuring that parties are not penalized if the digital service experiences a technical failure.

Early resolution

These Rules shall be applied so as to point parties to online proceedings towards the least burdensome or least costly means to resolve their dispute. Examples include online information, online advice, consensual online dispute resolution and adjudication (whether by a court or tribunal or some other method).

This section directs the court to prioritize the cheapest and simplest methods for settling cases.

It explicitly mentions online advice and consensual dispute resolution as preferred alternatives to formal adjudication.

Starting proceedings: requirement to use the digital service

All online proceedings must be started using the digital service by providing online the information required for that type of online proceedings (unless rules 20 and 21 apply) and paying the required court or tribunal fee (unless rule 23 applies).

This rule mandates that all cases within the scope of these rules must be initiated electronically.

It requires the submission of specific data and the payment of fees through the HMCTS digital portal unless specific exemptions for unrepresented persons apply.

Later steps in online proceedings: requirement to use digital service

All subsequent steps in online proceedings by any person (such as responding with a defence) must be taken using the digital service by providing online the information required for that step (unless rules 20 and 21 apply) and paying the required court or tribunal fee (unless rule 23 applies).

This provision extends the digital requirement to all phases of a case following the initial filing.

This includes the submission of defenses and other procedural responses, which must be completed via the digital service.

Use of non-electronic means by unrepresented persons

The practice direction applicable to a particular type of online proceedings will make provision for paper forms identifying the information required, and the format in which it is to be provided, for initiating and taking subsequent steps in that type of online proceedings. Such forms will be published online by or on behalf of HMCTS and made available for downloading or printing. The court or tribunal must supply, on request, a paper copy of any such form (with relevant explanatory material) to a person who cannot provide the information required using the digital service.
An unrepresented person may choose to start online proceedings, or take a subsequent step in online proceedings, by submitting the information required in the relevant paper form to the court or tribunal to upload onto the digital service.
The court or tribunal will upload the information if the unrepresented person follows the instructions of the court or tribunal and (unless rule 23 applies) pays the required court or tribunal fee.
Once online proceedings have started, an unrepresented party may choose to be notified of developments in those proceedings on paper.

This section provides an exception to the digital-only rule for parties who do not have legal representation.

It allows them to use paper forms which court staff will then digitize, and grants them the right to receive case updates through traditional mail.

People who have applied for Help with Fees

Provision for any case where any person has applied for Help with Fees in online proceedings is made by the practice direction which applies to that type of proceedings.

This section specifies that the procedures for individuals seeking financial assistance with court fees are governed by the specific practice direction for that case type.

Proceedings ceasing to be online proceedings

In any online proceedings the court or tribunal may, if necessary to achieve justice, order that the proceedings are no longer to be online proceedings and are to be governed instead by other rules which would apply to that type of proceedings if they were not online proceedings. The court or tribunal may give directions as to how the proceedings are to progress under the other rules.

This rule gives the court the discretion to move a case out of the online system and into traditional court procedures.

Such a decision may be made if the court determines it is necessary to ensure a fair outcome ("to achieve justice").

Exercise of the powers of the court or tribunal

The court or tribunal may exercise any of its powers whether or not a party has made an application requesting it to do so.
The court or tribunal's powers in online proceedings may be exercised by-

(a) any judge of the court or tribunal;
(b) a legal adviser or an authorised person, where these Rules or a practice direction allow;
(c) a court officer, where the act is purely formal or administrative.

This section clarifies who may exercise judicial authority under these rules.

While judges handle substantive decisions, certain legal advisers and court officers are authorized to handle specific legal or administrative tasks.

Interpretation

Any term used in these Rules will have the same meaning when used in a practice direction.
In these Rules, unless the context requires or the Rules provide otherwise- 'authorised person' means a member of tribunal staff authorised by the Senior President of Tribunals under paragraph 3(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007 ( 3 ); 'court officer' means a member of staff appointed under section 2(1) of the Courts Act 2003( 4 ) or section 40(1) of the Tribunals, Courts and Enforcement Act 2007; 'legal adviser' means an authorised person or court officer who is-

(a) a barrister;
(b) a solicitor; or
(c) a Fellow of the Chartered Institute of Legal Executives, or a CILEX lawyer.

Where any period of time for doing an act is specified in these Rules, a practice direction or a judgment or order of the court or tribunal-

(a) if the period is specified as a number of days either from or to a specified date, the specified date does not count as one of the days;
(b) if the period is specified as 5 days or less, any of those days which falls on a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971( 5 ) is not included;
(c) the last date provided in a judgment or order for doing an act must, wherever practicable, be expressed as a calendar date, and include the time of day by which the act must be done;
(d) if 'month' is specified, it means a calendar month.

This section provides legal definitions for roles such as 'legal adviser' and 'court officer.' It also establishes standardized rules for calculating time limits, excluding weekends and public holidays for short deadlines.

Part 3 Rules for specific types of proceedings

Possession proceedings

Rules for possession proceedings are set out in a practice direction titled 'Online Procedure Rules for Possession Proceedings'( 6 ).

This section identifies possession proceedings as the first specific type of litigation to be governed by these rules.

It refers users to a separate practice direction containing the detailed requirements for these cases.

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