The People Versus Carmichael

The People Versus Carmichael sounds like it should be the title to a Holywood blockbuster, but instead it is (or was) the title of a crowdfunding website.

Alexander Morrison “Alistair” Carmichael PC is a Liberal Democrat politician and the Member of Parliament for the Scottish seat of Orkney and Shetland since the 2001 general election. However he has been in the press mainly due to the unsuccessful and rare election petition to have him removed as an MP. In a departure from the general rule that expenses follow success, the court ordered that Mr Carmichael pay the costs of the Petitioners.

In the most recent update, The Joseph Rowntree Reform Trust has defended its decision to give Mr Carmichael £50,000 towards his legal costs.

What is interesting though is the way the Petitioners, a small group of constituents, raised funds to pay for their own costs and cover the possibility of an adverse costs order. Through the website indiegogo.com they raised over £210,000 from around 10,000 backers.

The motive was straightforward: “We believe that money should not be an impediment to justice for ordinary voters and without our crowd funding supporters we could not have got to this point. We do however have to continue to ask for donations to ensure we see the process to its end.” Ten thousand people agreed.

This type of funding is not unique, but it is unusual. Whether it changes the dynamics of litigation remains to be seen.

Video killed the star witness

While it was a few months ago, the speech by Lord Carloway, the highest ranking Scottish judge, the Lord President, is of interest to anyone who tracks the implementation of technology solutions in courts.

Reform in the courts is something that has occupied legal thinkers for centuries. Lord Carloway provides an interesting historical analysis of criticisms and concerns around the topic of procedural reform.

Two points are of particular interest. The first is around implementation of a new system. Is a promise being made…?

“An electronic filing system is in development by the Scottish Court and Tribunal Service. It is envisaged that this system will permit electronic filing of court documents and forms; an electronic process integrated with the court’s case management system and judges’ diaries; correspondence with the court by email and procedural hearings being conducted by telephone or video conferencing. In time, it is anticipated that the system will be expanded to facilitate the taking and hearing of evidence by video link. An initial template has been developed and that is presently being tested internally by SCTS staff.”

An interesting by product of an electronic filing system is of course the data. When is the court file opened, when is it closed.