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Briggs LJ, in his interim report, makes two main proposals: a virtual court for claims of up to £25,000 and pop-up courts in public buildings for litigants (for example, defendants to possession proceedings) who should be allowed to attend court in person. The recommendations are unsupported by market research or a feasability study and uncosted. The technology to create a virtual court (which, to comply with article 6, would have to be accessible to the public, as well as litigants) does not exist; there is no chance that HMCTS will be able to commission it within the 4 years and the budget of £7.3m which the government has allowed. Nor is there any reason to suppose that a virtual court would produce a saving. As for 'pop-up courts', buildings would have to be rented from cash-strapped local authorities and the necessary security installed; the cost would be considerably higher than maintaining the court buildings which HMCTS owns.

The present system of civil justice was developed over more than 140 years. For all its shortcomings, it provided accessible justice for the majority of litigants. The plan to 'reform' it is, in reality, an attack on civil justice which, with fee-increases and cuts to legal aid, will soon render justice unavailable to all but the rich.