UK: MoJ unveils one-stop shop for court judgments.. Bye Bye BAILII?

There had been not so quiet whisperings about the change and now it is here.

Is this the end of BAILII ?

It’s looking like it could be. They will be 50,000 quid down for a start.

 

The Law Gazette reports

As exclusively revealed by the Gazette last month the Ministry of Justice has turned to the National Archives to set up the first comprehensive and free online repository of court judgments from England and Wales. The new site will go live next April, when the ministry’s current contract with the British and Irish Legal Information Institute (BAILII) expires, the ministry said.

As a first step, JR decisions, European case law, commercial judgments and many more cases of legal significance from the High Court, Upper Tier Tribunal, and the Court of Appeal will be migrated across from BAILII.The aim is for the new site, which is expected to resemble the National Archives’ legislation.gov.uk to replace multiple sources of court judgments, ‘saving time and money for lawyers, judges, academics, journalists, students and members of the public’, the ministry said.

The National Archives

The National Archives is to host the free service from April 2022

Source: Michael Dunlea/Alamy

Announcing the project, the lord chancellor, Robert Buckland QC MP, said: ‘Ensuring court judgments are easily accessible is central to the rule of law and the principle of open justice.’ He paid tribute to the 20-year-old BAILII site, saying ‘I am extremely grateful for the work they have done over the years to make judgments available to the public. This new service will ensure they remain accessible to anyone who needs them, under safe and secure arrangements with The National Archives.’

In a statement, BAILII welcomed the announcement, while saying it will ‘remain the most comprehensive single source of free legal information not just for England & Wales but also for Scotland, Northern Ireland, the Republic of Ireland and other important common law jurisdictions.’ However the new arrangement means the loss of £50,000 a year in income, roughtly a quarter of BAILII’s annual spending. The MoJ will not have to foot the bill for the new site as it falls under the statutory obligations set out under the Public Records Act. 

Under the new arrangement, judgments will be available in a form suitable for machine-reading. National Archives will convert all the judgments it receives into Legal Document Mark-up language, a system of tagging key pieces of data for machine retrieval. Details of licensing arrangements have yet to be announced but National Archives is subject to the Re-use of Public Sector Information Regulations 2015, which require public bodies to permit re-use of data and prohibit exclusive deals.

Pressure on the government to formalise online access to court judgments has grown steadily over the past few years. The Supreme Court’s 2017 judgment in Unison stressed the need for ‘unimpeded access’ to the courts. In 2019 the Legal Education Foundation’s Digital Justice report called for a standard approach to open publication. Dr Natalie Byrom, the foundation’s director of research, said of today’s announcement: ‘This is a critical step towards achieving a more transparent, open and equitable justice system, that supports access to justice and data-driven reform.’

The Law Society also welcomed the announcement. ‘The law can often be seen as complicated and inaccessible for the public, but this move should be able to provide some clarity for the public around the justice system and the rule of law, and why it matters to them and their lives,’ a spokesperson said.

Source.  https://www.lawgazette.co.uk/news/moj-unveils-one-stop-shop-for-court-judgments/5108861.article?utm_source=gazette_newsletter&utm_medium=email&utm_campaign=One-stop+shop+for+court+judgments+%7c+Linklaters+contests+harassment+allegations+%7c+Confounding+the+Eeyores_06%2f16%2f2021

 

Here’s the official UK Gov press release

Boost for open justice as court judgments get new home

Important court and tribunal judgments will be available via The National Archives for the first time, increasing transparency and securing free access for all.

  • Court and tribunal judgments moved to a new website
  • The storage and publication of judgments to be managed by The National Archives
  • Judiciary welcomes the move to increase the transparency of the justice system

The website will host thousands of court judgments, saving time and money for lawyers, judges, academics, journalists, students and members of the public who require them for vital case preparation or research purposes.

Judicial Review rulings, European case law, commercial judgments and many more cases of legal significance from the High Court, Upper Tier Tribunal, and the Court of Appeal will be readily available to anyone from April 2022.

At present, there are multiple sources for court judgment publications, of which BAILII is the largest. The long-term aim is for all of them to migrate onto The National Archives website which has a track record in hosting digital files safely and securely.

The Lord Chancellor, Robert Buckland QC MP, said:

Ensuring court judgments are easily accessible is central to the rule of law and the principle of open justice.

Having used BAILII myself as a criminal barrister, I am extremely grateful for the work they have done over the years to make judgments available to the public.

This new service will ensure they remain accessible to anyone who needs them, under safe and secure arrangements with The National Archives.

Following recommendations made by The Legal Education Foundation in their Digital Justice Report the Ministry of Justice committed to standardising its approach to the publication of judgments.

As the official archive and publisher for the UK Government, The National Archives was chosen because of its long-standing expertise in storing and publishing information securely.

BAILII will continue to provide free access to judgments, for other jurisdictions, including Scotland, Northern Ireland and the Commonwealth as well as England and Wales, continuing their great service to date.

Jeff James, Chief Executive and Keeper at The National Archives, said:

Court and tribunal judgments are vital public records. As world leaders in digital archiving and legal publishing, The National Archives will ensure that judgments are safely preserved and made accessible for the centuries to come.

Dr Natalie Byrom, Director of Research at The Legal Education Foundation, said:

We commend this important decision, which was recommended as part of our Digital Justice report.

This is a critical step towards achieving a more transparent, open and equitable justice system, that supports access to justice and data-driven reform.

Notes to editors:

  • The National Archives will take this work on as part of their statutory duties under the Public Records Act 1958. Under their expertise and guidance we will have the infrastructure necessary to expand coverage beyond legally significant court and tribunal judgments in the future.

https://www.gov.uk/government/news/boost-for-open-justice-as-court-judgments-get-new-home