Editorial

Paving the way for open justice

Nicki Welch, service owner & Rose Rees Jones, senior user researcher at National Archives Find Case Law Team on the court judgments that signify a shift in transparency and inclusivity within the justice system, and the creation of the new Find Case Law database.

Posted 30 May 2024 by Christine Horton


Historically, accessing legal judgments has been a privilege largely reserved for legal professionals. However, that changed nearly two years ago when we launched Find Case Law. A digital service that removes the barriers that have traditionally hindered access to the information flow within one of England and Wales’ oldest institutions.

In a bold move towards greater transparency and accessibility, we opened up court judgments from the Upper Tribunals, High Court, Court of Appeal, and Supreme Court. It’s more than just a digital archive that preserves evidence of judicial decision making for the first time. Find Case Law aims to democratise access to legal information. By fostering responsible re-use and publishing judgments in an accessible format, anyone can find and read the judgments they need where they expect to find them. It signifies a shift towards promoting transparency, openness, and inclusivity within the justice system and marks a significant advancement in creating a sustainable digital record-keeping infrastructure in the UK.

Breaking down barriers

The justice system, deeply rooted in tradition, is now at the advent of embracing new technologies. We recognised the importance of the long-term preservation of digital legal records and the necessity of openness. Embarking on this innovative journey with digital agency dxw, we created a service to bridge the gap between word documents and international data standards, legal professionals and individuals without a legal background, fostering a community of users ranging from lawyers and judges, journalists, data scientists and developers, non-legal professionals, and court users.

The service links to a secure system allowing clerks and judges to transfer judgments efficiently, ensuring quick availability for preservation, publication and re-use. Judgments are published in multiple formats enable users to view accessible copies of judgments in HTML format, download authentic copies of the original record as PDFs, or accessed in machine-readable XML format. We’ve taken time to ensure our approach to creating the HTML version of the judgement aids the accessibility of the content, particularly for users relying on an assistive technology such as a screen reader.

Diverse user landscape

At the heart of Find Case Law are the users and since launching we have learnt that the service caters to an increasingly varied user base. The diverse range of users reflects the service’s inclusivity. From barristers to data scientists, pensioners to trade representatives, users can access the judgments they need quickly and with minimal effort.

Many of our users need access to the law for work. From social workers to data protection officers, and HR officials, most will have had some basic legal training, but they are not legal experts. They need access to case law to inform their decision making, ensure it is in line with judicial decisions and not break the law.

The service also helps individuals when something has gone wrong, and they are in a dispute. It offers a way for individuals to quickly access cases that have been cited to them, familiarise themselves with the language of the law and the courts.

But these records do more than simply record the law. They are also important historical and social landmarks. The provide a way for anyone to see firsthand justice being done whether that’s insights into noteworthy legal cases, social justice issues or important cases discussed in the news. This highlights the service’s societal impact and its role in bridging the gap between the intricacies of case law and the public witnessing history in the making.

A commitment to digital record-keeping

The Find Case Law service represents a significant leap towards open justice, user inclusivity, and the sustainability of digital record-keeping. By delivering a platform that caters to the needs of legal and non-legal users, the service not only preserves the UK’s legal heritage but also empowers individuals in their pursuit for justice. Whether its professionals making work-related decisions, individuals researching employers, or those accused seeking precedents for their situation, the service addresses the needs of users with differing levels of legal training.

Our investment in modernising the record-keeping processes signifies our commitment to building a comprehensive public record. One that not only facilitates research but also acts as a catalogue of invaluable insights into the functioning of the justice system and the evolution of law. The digitised judgments provide an opportunity to gain fresh perspectives, while simultaneously safeguarding the principles of justice administration. As Find Case Law continues to evolve, it reinforces The National Archives’ commitment to preserve digital records for everyone by creating meaningfully accessible records that support transparency.

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