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Electronic working and the Courts Electronic Filing system: tracker
Practical Law UK Legislation Tracker 4-581-1926 (Approx. 20 pages)
Electronic working and the Courts Electronic Filing system: tracker
A tracker outlining the key stages in the introduction of electronic working (e-working) in the courts of England and Wales, which includes the implementation of electronic filing (e-filing) and electronic bundles (e-bundles).
Background to Electronic Working
Among the recommendations of Jackson LJ in his Civil Litigation Costs Review Final report (published in 14 January 2010) was an effective IT system for the courts (see Practice note, Jackson LJ's Review of Civil Litigation Costs: Final Report: Information technology). His specific recommendations included:
- Electronic filing (e-filing) for statements of case and other documents.
- Storage of documents in electronic files (e-files) that are accessible to the parties, the court and the judiciary.
- Online payment of fees and other payments to court.
On 15 November 2015, Electronic Working was introduced at the Royal Courts of Justice at the Rolls Building, London, as the Electronic Working Pilot Scheme under Practice Direction 51O (PD 51O).
PD 51O was further amended in November 2017, and the pilot was extended until 6 April 2018 (see Legal update, 93rd Update Practice Direction making document published). In April 2018, the pilot period was further extended to 6 April 2020 (see Legal update, Practice direction making document for 96th CPR Update published). The 113th Practice Direction Update extends the pilot to 6 April 2021 (see Legal update, Publication of 113th Practice Direction Update).
For more information on how Electronic Working operates in practice, see Practice note, Electronic working and the Courts Electronic Filing system.
In which courts is Electronic Working currently used?
Business and Property Courts
Since 25 April 2017, the use of electronic working has been compulsory in the Rolls Building courts (see Legal update, E-filing to be compulsory in the Rolls Building from 25 April 2017). The relevant courts are collectively referred to as the Rolls Building Jurisdictions in PD 51O (paragraph 1.1). These all come under the umbrella of the Business and Property Courts (B&PCs). For more information on the B&PCs, see Practice note, The Business and Property Courts.
Electronic Working was extended to the District Registries of the B&PCs, on an optional basis from 25 February 2019, and it became mandatory (for professional court users) from 30 April 2019 (see Legal update, Electronic filing optional in regional B&PCs from 25 February 2019, and mandatory for professional users from 30 April 2019).
Queen's Bench Division
From 1 January 2019, electronic working was introduced on an optional basis, in the Queen's Bench Division in London. For more information, see Legal update, 100th CPR Update: Civil Procedure (Amendment No 3) Rules 2018 laid before Parliament and practice direction making document published.
We understand that in practice, the system was up and running from 21 January 2019. For more information and a video for users, see Legal update, Launch of electronic filing in the Queen's Bench Division in London from 21 January 2019. For guidance on the procedural requirements when using CE-File in the Queen's Bench Division, see Legal update, Senior Master's Practice Note on procedural requirements when using CE-File in the Queen's Bench Division (11 February 2019).
The use of CE-File became compulsory for professional court users in the Central Office of the Queen's Bench Division in London on 1 July 2019 (see Legal update, Legal update Reminder: electronic filing compulsory for professional users of B&PCs nationwide from 30 April 2019 and of QBD in London from 1 July 2019 and Legal update, CPRC publishes 109th PD Update and accompanying SI: Electronic working (PD51O)).
(For a helpful video featuring David Cook, Master of the Queen's Bench Division of the High Court, which explains the roll out of the CE-File to the QBD in London, as well as to the District Registries of the B&PCs, see Video, CE-File: the courts electronic filing system and its roll out to the QBD in London and B&PCs nationwide.)
Senior Courts Costs Office
The amendments under the 110th Practice Direction Update extend CE-File to the Senior Courts Costs Office (SCCO) on a voluntary basis for legally represented parties and litigants in person, for:
- Detailed assessment proceedings, where the request for a hearing is filed on or after 7 October 2019.
- Applications filed and proceedings started in the SCCO on or after 7 October 2019.
Consequential amendments are made to PD 47 (Procedure for Detailed Assessment of Costs and Default Provisions), reflecting the introduction of CE-File to the SCCO.
CE-File became mandatory in the SCCO for legally represented parties from 20 January 2020.
On 1 October 2019, the Senior Costs Judge issued a practice note on electronic working in the SCCO. The practice note applies to various SCCO proceedings, including detailed assessments (including provisional assessments), Part 8 claims commenced in the SCCO, assessment of legal aid bills and assessment of bills of deputies appointed by the Court of Protection. For more information, see Legal update, CE-File: Senior Costs Judge issues practice note on electronic working in the SCCO.
In which courts is Electronic Working due to be rolled out?
HMCTS has confirmed that electronic working is expected to be rolled out to the Upper Tribunal (Lands Chamber) and the Upper Tribunal (Tax and Chancery Chamber) by the end of February or early March 2021. Roll out to the High Court Family appeals and Foreign Process has been put on hold, but is also expected in early 2021.
We understand that Electronic Working is also expected to be rolled out to the following courts by June 2021:
- Queen's Bench Division nationwide (claims and appeals).
- Court of Appeal – Civil division.
- Administrative Court (see Legal update, Administrative Court judicial review guidance updated).
- Upper Tribunal (Immigration and Asylum Chamber (UTIAC)).
- Upper Tribunal Administrative Appeals Chamber.
- Employment Appeal Tribunal.
- Central London County Court.
Tracker
Date | Development | Sources and Practical Law materials |
1 July 2020 | The Queen's Bench Division (QBD) circulated a guide to using CE-File for QBD court users in the Royal Courts of Justice. Notably, the guidance states that PD 51O is "unfortunately not very clear" and that, once the pilot has concluded, the CPRC "will re-draft the rules to cover electronic working in CPR 5". It then sets out the practice in the QBD for the time being, including in relation to filing documents, the acceptance of filings by the court, the date and time of filing or issue, and paying the correct fees. We understand that this guidance will be incorporated into a revised QB Guide, which is in the process of being re-written. | |
6 February 2020 | The 113th Practice Direction Update extends PD 51O 6 April 2021, effective from 30 March 2020. | |
20 January 2020 | CE-File became mandatory for legally represented parties in the Senior Courts Costs Office, under the 110th PD Update. | |
10 December 2019 | Details of training sessions on using CE-File, which are taking place in early 2020, have been announced. The sessions will take place from 10.00 am until 11.00 am on the following dates (click on the relevant date to register), and will include an opportunity to raise queries: In addition, a "live" training session will take place in Manchester on 15 January 2020, kindly hosted by Hill Dickinson LLP. Registration is from 9.30 am, and the session will run from 10 am until 11 am. Spaces are limited, so please click here to register as soon as possible, to avoid disappointment. | |
10 October 2019 | Two High Court decisions published on the same day (though handed down on different dates) have considered, respectively, the ability of a qualifying floating charge holder and an insolvent company's directors to use the courts' electronic filing system to file a notice of appointment of an administrator out of court hours. Both cases found categorically that it is not possible for any party to effect an administrator appointment out of court hours by using CE-File. | |
1 October 2019 | The Senior Costs Judge issued a practice note on electronic working in the Senior Courts Costs Office. The practice note applies to various SCCO proceedings, including detailed assessments (including provisional assessments), Part 8 claims commenced in the SCCO, assessment of legal aid bills and assessment of bills of deputies appointed by the Court of Protection. | |
23 September 2019 | HMCTS published an updated version of its user guide, Filing papers as a professional user, as part of its guidance page on CE-File. The changes include the addition of guidance and screenshots on filing supporting documents and resubmitting rejected filings, as well as updated guidance on editing an existing filing. | |
6 September 2019 | The 110th Practice Direction Update was published, providing details of the commencement of the Electronic Working Pilot Scheme in the Senior Courts Costs Office, on a voluntary basis for legally represented parties and litigants in person from 7 October 2019 and on a mandatory basis for legally represented parties from 20 January 2020. | |
12 August 2019 | The Administrative Court Judicial Review Guide 2019 was published and provides details of the anticipated commencement of the Electronic Working Pilot Scheme in the Administrative Court in 2020. | |
1 July 2019 | The 109th PD Update extended PD 51O to make CE-File mandatory in the Central Office of the Queen's Bench Division in London, from 1 July 2019. | |
30 April 2019 | CE-File has become mandatory for professional users in the District Registries of the Business and Property Courts (B&PCs). Professional users in the regional B&PCs must issue all new proceedings electronically, using CE-File, and must also electronically file any new documents or submissions relating to cases issued electronically by the claimant on or after 25 February 2019. | |
10 April 2019 | HMCTS has prepared an invaluable new Frequently Asked Questions document setting out guidance and practical tips on using CE-File. This supplements the CE-File system information and support advice (which provides information including how to register as a user, payment of fees, security and data protection, and where to go for further help, as well as a link to CE-File). | |
3 April 2019 | HMCTS is providing additional free, online training on using CE-File, delivered by Thomson Reuters. The sessions (all repeat sessions covering an introduction to e-filing) will take place from 10.00 am until 11.00 am on the following dates, and provide an opportunity to raise queries:
| |
6 March 2019 | HMCTS has published new introduction videos as part of its guidance on the Courts Electronic Filing System (CE-File). The videos provide an overview of CE-File and demonstrations of the system, including registration, creating new filings, paying fees, viewing documents and making public searches of the courts' register. | |
25 February 2019 | The Civil Procedure Rule Committee published a communication to stakeholders regarding the 105th PD Update, together with the 105th PD Update, which extends the application of the of the existing Electronic Working Pilot Scheme under PD 51O to the regional Business and Property Courts, on an optional basis from 25 February 2019. | |
19 February 2019 | In conjunction with the roll out of electronic filing to the regions, HMCTS has published details of free, online introductory training on CE-File, delivered by Thomson Reuters. As of 20 February 2019, spaces are still available for sessions on the following dates:
| |
12 February 2019 | The Judiciary has published Practice note by Senior Master Fontaine: The Electronic Working Pilot Scheme, dated 11 February 2019, sets out requirements regarding the use of the Courts Electronic Filing system (CE-File) in the Queen's Bench Division. | |
11 February 2019 | HMCTS has announced that, from 25 February 2019, CE-File will be available, on an optional basis, for issuing and filing documents in the regional Business and Property Courts (B&PCs) in Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester and Newcastle. From 30 April 2019, professional users will be required to issue all new proceedings electronically, using CE-File. They will also be required to electronically file any new documents or submissions relating to cases issued electronically by the claimant on or after 25 February 2019. | |
28 January 2019 | Barling J issued a Practice Note setting out some important procedural points to note in the transitional period from 28 January 2019 up to the launch of the Courts Electronic Filing system (CE-File) in the Manchester B&PCs. Note: Based on information received from Vannina Ettori, Legal Adviser to the Chancellor of the High Court, on 4 March 2019, we understand that this Practice Note has been superseded by the updated Practice Direction 51O – Electronic Working, published on 25 February 2019. For more information see Legal update, CPRC publishes 104th and 105th Practice Direction Updates. | |
21 January 2019 | CE-File has been extended to Queen's Bench Division claims and appeals in London, on an optional basis. | |
14 January 2019 | A guidance note issued by the Leeds B&PCs and the County Court at Leeds (Business and Property Work) was published, indicating that CE-File is due to be extended to the Leeds B&PCs and other District Registry B&PCs in February or March 2019. | |
1 January 2019 | CE-File was introduced on an optional basis in the Queen's Bench Division in London | |
5 September 2018 | The 100th CPR Update, which revoked the 99th CPR Update making document, included provisions regarding the introduction of a pilot scheme for Electronic Working in the Queen's Bench Division, which is expected to run from 1 January 2019 to 6 April 2020. | |
17 August 2018 | The Civil Procedure Rule Committee published a communication regarding the upcoming 99th CPR practice direction Update and Statutory Instrument. The changes include introducing a pilot scheme for Electronic Working in the Queen's Bench Division, which is expected to run from 1 January 2019 to 6 April 2020. | |
10 August 2018 to 13 August 2018 | According to the CE-File website, CE-File will not be available from 3.00 pm on Friday 10 August to 7.00 am on Monday 13 August 2018, due to planned maintenance. The maintenance notice states that any filings made after 3.00 pm on Friday 10 August may not be processed. | |
18 July 2018 | Practical Law Dispute Resolution has been informed by the Senior Master of the Queen's Bench Division, Senior Master Fontaine, hat the Civil Procedure Rule Committee has approved an amendment to PD 51O, providing for a pilot scheme for Electronic Working to be introduced in the Central Office of the Queen's Bench Division. | |
13 July 2018 | The Civil Procedure Rule Committee minutes from the Committee's meeting in July 2018 indicate that a draft revised PD 51O extending the pilot scheme for Electronic Working to the Queen's Bench Division was reviewed and agreed. The minutes were published in November 2018. | |
29 April 2018 | The Judiciary published the Commercial Court Users' Group Meeting Report – March 2018. The report emphasises the importance of compliance with the provisions of the Commercial Court Guide (Guide) in relation to CE-File. | |
4 April 2018 | The Electronic Working Pilot Scheme (PD 51O) has been extended to 6 April 2020. | |
29 January 2018 | The Judge in Charge of the Commercial Court has issued a Direction in relation to the filing of applications on CE-File which are intended to be dealt with without a hearing. This follows concern about widespread non-compliance with the Commercial Court Guide, which is taking up disproportionate time for the judges and supporting staff who are dealing with such applications. | |
10 January 2018 | Amendments to the Chancery Guide have been made, including at Chapter 6 (The court file). Paragraph 6.1 has been amended to make clear that electronic filing is optional for litigants in person at present. Paragraph 6.9 has also been amended to state that the Electronic Working Pilot Scheme has been extended until 6 April 2018. Paragraph 6.20, which relates to online public searches, has been amended to, among other things, remove the reference to parties and non-parties being able to inspect the electronic record on one of the terminals in the Rolls Building. | |
22 November 2017 | The Electronic Working Pilot Scheme has been extended until 6 April 2018 and amendments have been made to PD 51O. | |
12 September 2017 | The Commercial Court Guide was republished. It includes guidance about electronic working (CE-File) and its application to claims in the Commercial Court. | |
3 May 2017 | Revised PD 51O for electronic filing in the Rolls Building delayed. | |
25 April 2017 | E-filing becomes compulsory in the Rolls Building courts. | |
19 April 2017 | The Courts Charter for the Rolls Building has been revised to refer to the CE-File system which will become mandatory for professional users from 25 April 2017. | |
15 December 2016 | HM Courts and Tribunals Service (HMCTS) announced that it a complete switch-over to the CE-File system will occur on 25 April 2017, when it will no longer be possible to issue claims or applications, or to file documents, on paper; all issuing and filings in any of the jurisdictions of the Rolls Building will instead have to be made online. | |
14 November 2016 | Blair J stated that electronic filing of all documents for the court file is likely to become compulsory in the Commercial Court in 2017. He has also said that there will be consultation on whether skeleton arguments should be filed electronically. | |
11 November 2016 | A revised version of the Chancery Guide was published. There is revised confirmation about what the electronic file contains, and new guidance on communications with the Chancery Division courts. | |
1 November 2016 | The Bankruptcy and Companies Court has published new guidance on electronic filing in court for multiple bankruptcy petition lists. From 1 November 2016, bankruptcy hearings in multiple lists in the Bankruptcy and Companies Court (Rolls Building) should be dealt with in line with PD 51O. | |
14 October 2016 | HMCTS has published a practice note to provide clarification of which documents the Rolls Building courts will still accept as email attachments under PD 5B. There are also proposals to make electronic working in the Rolls Building courts mandatory for all law firms and direct access barristers by 1 April 2017 (according to papers from the Civil Procedure Rule Committee meeting on 17 June 2016). | |
29 September 2016 | The pilot scheme under Practice Direction 51O has been extended to two years, until 15 November 2017. The scheme is not mandatory. The system enables parties to issue claims and file documents electronically, and to pay court fees online, 24 hours a day, all year round. It uses the HMCTS CE-File software. | |
October 2016 | We have been informed by the Chancery Division that they are actively encouraging all users to start using the CE-File across all Rolls Building jurisdictions, in advance of a change to the Civil Procedure Rules (CPR) in relation to electronic filing which is anticipated by this date. | |
7 December 2015 | Revised Practice Direction 5B - Electronic Communication and Filing of Documents comes into force. | |
16 November 2015 | Start of Electronic Working pilot scheme in the Rolls Building Jurisdictions (Chancery Division in the High Court, Commercial Court, TCC, Mercantile Court and Admiralty Court at the Rolls Building) pursuant to Practice Direction 51O. | |
19 October 2015 | CE-File due to go live in the Admiralty, Mercantile and Commercial Courts. Parties should be able to issue electronically, but should not use the system to file skeleton arguments until further notice. | |
1 October 2015 | Use of electronic files to be introduced in the Bankruptcy and Companies Court (Rolls Building). | |
13 August 2015 | The Insolvency Service published the summer edition of its quarterly external newsletter for stakeholders, which states that applications for bankruptcy will be moving from the courts to an online portal run by the Insolvency Service from April 2016. The current online application for Debt Relief Orders will also be upgraded as part of the project. | |
31 July 2015 | Council Recommendations promoting the use of and sharing of best practices on cross-border videoconferencing in the area of justice in the member states and at EU level were published in the Official Journal. | |
16 June 2015 | Launch of the electronic pilot scheme in the TCC in the Rolls Building. | |
2 June 2015 | The Judicial Office published its business plan for 2015-16. It shows that, from April 2015 to March 2016, support will be given to the Technology Executive Board, working with HMCTS and as part of the HMCTS reform programme, to action the development of operational IT systems that support the judiciary, as well as facilitating the pilot and roll-out of "e-judiciary" (a project to roll-out the use of Microsoft 365 to the judiciary, so that they can work from a cloud-based Microsoft Outlook/Office system). | |
9 April 2015 | The Practice Direction making document associated with the 79th CPR update was published. It contains a new PD 51J (Electronic Working Pilot Scheme). PD 51J sets out the procedure for filing documents electronically under the electronic working pilot scheme, which will operate in the TCC in the Rolls Building. | |
16 February 2015 | The Civil Justice Council Online Dispute Resolution Advisory Group published a report recommending the establishment of a new state-run online dispute resolution system by 2017. | |
6 February 2015 | The Civil Procedure Rule Committee approved the draft direction which is to apply to the e-working pilot scheme being implemented in the TCC from 27 April 2015. | |
2 January 2015 | A new practice note on the production of masters' and judges' orders in the Chancery Division comes into force. The new note replaces the note issued on 8 September 2014 (see below). | |
27 November 2014 | The 77th CPR update makes amendments to Practice Direction 7C on the Production Centre. The Practice Direction Making Document inserts a new requirement that where a Centre user starts or conducts a claim through the Centre, the statement of truth and the signature of the appropriate person must be in electronic form. | |
10 November 2014 | The Technology and Construction Court (TCC) in the High Court starts using the new e-filing system (CE-File). | |
1 October 2014 | Start of mandatory electronic bundle pilot scheme in the Supreme Court and the Privy Council. Expected to run until the end of March 2015. | |
1 October 2014 | Chancery Masters' Practice Notes governing the use of the electronic court file and the production and service of orders (dated 8 September 2014) come into force. CE-File introduced for internal use in the Chancery Division. | |
29 September 2014 | Fee Account, a new fee payment service provided by the HM Courts and Tribunals Service (HMCTS), becomes available for use in all courts. | |
May 2014 | HMCTS appointed Thomson Reuters to deliver a new electronic filing system for the jurisdictions of the High Court currently sitting in the Rolls Building. |
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