Law, Technology and System Architectures: Critical Design Factors for Money Claim and Possession Claim Online in England and Wales

Lupo, Giampiero

doi:10.1007/978-94-007-7525-1_4

Cited by 5 publications

(15 citation statements)

References 14 publications

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“…Both IS and e-justice scholars have focused on modularization as an important design principle. Hanseth and Lyytinen [8], Lanzara [23], and Lupo [24] have all indicated that system development based on an infrastructure composed of different loosely-coupled [15] layers connected by gateways can be essential to positive outcomes. Such an infrastructure fosters rapid evolution; a change in one system component does not require the modification of the entire infrastructure.…”

Section: Adaptability and Modularizationmentioning

confidence: 99%

“…Scholars in this area have placed particular emphasis on timing differences between technological and legal change [33], and on the importance of addressing existing legal barriers to implementation [34]. Empirical studies and theoretical arguments [12,24] have stressed the importance of legal procedural change subsequent to, or in parallel with, the development of technology. Simply translating "offline" procedures into technological functions may foster inefficiency and unnecessary complexity.…”

Section: Relationship Between Law and Technologymentioning

confidence: 99%

“…From the viewpoint of organizational psychology, consultation with stakeholders also enhances the prospect of user group acceptance prior to introduction of technology ( [9], p. 259). With e-justice initiatives, this will often involve concomitant legal procedural change and adaptation [24] that is sensitive to each court's own "identity, values and culture" ( [3], p. S41), as well as intensive interaction with and involvement of the judiciary [9].…”

Section: Design Management Principlesmentioning

confidence: 99%

“…DCA and EDS elaborated the business case and feasibility analysis. These two documents created the basis for the user interface prototypes (screen mock-ups) and for MCOL requirements [11,24]. The DCA office that dealt with required normative changes at the time worked on amending the Practice Directions (in particular, PD 7E), governing small claims procedures.…”

Section: Mcol: Building On An Established Installed Basementioning

confidence: 99%

“…After service of the claim pack, the defendant may respond to the claim online or by paper within fourteen days using the forms included in the claim pack. The defendant may pursue several actions by paper or online, including: asking for more time to pay, admitting only part of the claim, filing an acknowledgement of service in order to extend the time to respond to the claim, submitting a counterclaim, and disputing pursuit of the claim through MCOL (in which case, the claim is transferred to the competent court) [24]. The defendant may also admit the claim, in full, using paper.…”

Section: Mcol: Building On An Established Installed Basementioning

confidence: 99%

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Designing and Implementing e-Justice Systems: Some Lessons Learned from EU and Canadian Examples

Lupo

Bailey²

2014

Laws

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Access to justice has become an important issue in many justice systems around the world. Increasingly, technology is seen as a potential facilitator of access to justice, particularly in terms of improving justice sector efficiency. The international diffusion of information systems (IS) within the justice sector raises the important question of how to insure quality performance. The IS literature has stressed a set of general design principles for the implementation of complex information technology systems that have also been applied to these systems in the justice sector. However, an emerging e-justice literature emphasizes the significance of unique law and technology concerns that are especially relevant to implementing and evaluating information technology systems in the justice sector specifically. Moreover, there is growing recognition that both principles relating to the design of information technology systems themselves ("system design principles"), as well as to designing and managing the processes by which systems are created and implemented ("design management principles") can be critical to positive outcomes. This paper uses six e-justice system examples to illustrate and elaborate upon the system design and design management principles in a manner intended to assist an interdisciplinary legal audience to better understand how these principles might impact upon a system's ability to improve access to justice: three European examples (Italian Trial Online; English and Welsh Money Claim Online; the trans-border European Union e-CODEX) and three Canadian examples (Ontario's Integrated Justice Project (IJP), Ontario's Court Information Management System (CIMS), and British Columbia's eCourt project). OPEN ACCESSLaws 2014, 3 354

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Section: Adaptability and Modularizationmentioning

confidence: 99%

Section: Relationship Between Law and Technologymentioning

confidence: 99%