The Online Procedure Rules (Specified Proceedings) Regulations 2025
The Online Procedure Rules (Specified Proceedings) Regulations 2025, enacted under the Judicial Review and Courts Act 2022, define specific civil and family proceedings in England, Wales, Scotland, and Northern Ireland eligible for online procedures.
These include property-related cases in various courts and tribunals, and financial remedy proceedings in English and Welsh family courts.
The regulations were approved by both Houses of Parliament and signed by the Lord Chancellor, Lady Chief Justice, and Senior President of Tribunals.
Arguments For
Improved Efficiency: Online procedures can streamline legal processes, reducing delays and costs for all parties involved.
Increased Access to Justice: Online systems can make legal processes more accessible to individuals who might otherwise struggle with geographical limitations or costs associated with traditional court appearances.
Environmental Benefits: Reducing the need for physical court appearances contributes to lower carbon emissions and a smaller environmental footprint.
Modernization of the Justice System: The regulations reflect a broader trend towards digital transformation within the UK legal system, enhancing its efficiency and effectiveness.
Arguments Against
Digital Divide: Not all individuals have equal access to technology or digital literacy, potentially creating disparity in access to justice.
Security and Privacy Concerns: Online systems increase vulnerability to data breaches and cybersecurity threats, requiring robust security measures.
Complexity and Training: Implementing and maintaining online platforms necessitate significant investment in training and technological infrastructure.
Unforeseen Technological Challenges: Unforeseen problems with the online system could lead to delays or disruption in legal proceedings.
- Citation, commencement, extent and interpretation (1) These Regulations may be cited as the Online Procedure Rules (Specified Proceedings) Regulations 2025 and come into force on the day after the day on which they are made. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland. (3) In these Regulations “financial remedy” has the same meaning as in rule 2.3(1) of the Family Procedure Rules 2010.
Section 1 establishes the regulations' official title, effective date (the day after enactment), geographical scope (all four nations of the UK), and defines 'financial remedy' consistent with existing Family Procedure Rules.
- Specified proceedings The following proceedings are proceedings of a specified kind for the purposes of section 20(1) of the Judicial Review and Courts Act 2022— (a) civil proceedings in England and Wales in relation to property; (b) proceedings in the First-tier Tribunal in relation to property; (c) proceedings in the Upper Tribunal in relation to property; and (d) family proceedings in England and Wales for a financial remedy.
Section 2 lists the specific legal cases that can use online procedures.
These include property disputes handled in various English and Welsh courts and tribunals, and financial remedy cases within the English and Welsh family court system.
Signed by authority of the Lord Chancellor Sarah Sackman Minister of State Ministry of Justice 29th April 2025 I agree Carr of Walton-on-the-Hill, C.J. Lady Chief Justice 16th April 2025 I agree Keith Lindblom Senior President of Tribunals 16th April 2025
This section shows the signatures indicating the agreement and approval from the relevant UK government officials including the Minister of State at the Ministry of Justice, the Lady Chief Justice and the Senior President of Tribunals.
EXPLANATORY NOTE (This note is not part of the Regulations) Regulation 1 establishes the title of these regulations, when they come into force and their extent, and defines a term used in these Regulations. Regulation 2 specifies the types of proceedings that shall be “specified proceedings” for the purposes of section 20(1) of the Judicial Review and Courts Act 2022 (c. 35). An impact assessment has not been produced for these regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The explanatory note summarizes the regulations' content.
Regulation 1 sets the title, effective date, scope, and definitions.
Regulation 2 identifies the applicable proceedings.
The note also states that a formal impact assessment was deemed unnecessary due to the anticipated lack of significant effects on the private, voluntary, or public sectors.