Chief Justice eyes court digitisation and judicial specialisation as workload grows more complex 

The time has come to digitise Gibraltar’s courts, Chief Justice Anthony Dudley said on Friday, adding failure to modernise risked Gibraltar being seen as “something of a backwater”. 

The Chief Justice said too that he would explore in parallel ways to deliver greater judicial specialisation to better deal with increasingly complex cases coming before the courts. 

Mr Justice Dudley was speaking at the Ceremonial Opening of the Legal Year in the Supreme Court, flanked by fellow judges including from the Court of Appeal as he addressed senior members of the legal profession and public life including Chief Minister Fabian Picardo and Opposition Leader Keith Azopardi, alongside visiting dignitaries including Freeman of Gibraltar Sir Bob Neill. 

The Supreme Court currently has the Chief Justice and three Puisne Judges, who as “true generalists” exercise between them jurisdictions that in England and Wales would be handled by specialist judges. 

Mr Justice Dudley drew a comparison with healthcare which had evolved over four decades to see a growing number of specialists working in the GHA, while the courts remained staffed by “a handful of generalist judges covering the full breadth of an increasingly complex body of law”. 

“For many years, I held the view that having generalist judges was the model best suited to Gibraltar,” the Chief Justice said.  

“I like to think that thanks to an incredibly dedicated judicial and administrative team, we make it work, but not without challenges.” 

But while the volume of work had remained “broadly constant” over recent years, cases had become increasingly complex and time-consuming. 

Most jury trials would have been heard in the past in five days, he said by way of example, adding time estimates had now become longer. 

“When circumstances change, there comes a point at which it is sensible to reconsider positions,” he said.  

“That does not mean that the generalist model has ceased to have value.” 

“In a jurisdiction of our size, the breadth of experience which it gives us, and the flexibility which it allows, remain important.” 

“But there is also much to be said for the familiarity with a particular area of work which comes from dealing with it regularly.” 

“I do not pretend to have all the answers but, in my view, there is a case for a gradual move towards greater specialisation.” 

A first step will likely be to have lead judges from the existing judicial complement focusing on different areas of law, taking “primary but not exclusive responsibility” to ensure cover is available where necessary. 

“We do not have sufficient numbers to create rigid divisions of work, nor would that necessarily be desirable,” the Chief Justice said. 

“But there is, I think, a balance to be struck between the flexibility which our size requires and developing a greater degree of specialisation.” 

Mr Justice Dudley said he would explore that possibility over the coming year, alongside an assessment of how to digitise court processes, likely starting with civil and commercial work. 

“This matters not only because of the efficiencies which digitisation could bring, but because, if we fail to keep pace, there is a real risk that in a few years’ time those engaged in high value litigation may increasingly perceive our court system as something of a backwater,” he said. 

In that process though, it was critical to ensure any new system met Gibraltar’s needs, because “software systems can promise a lot and sometimes deliver a lot less”. 

“We therefore need to take the time to get this right. And, of course, whatever we choose must be fit for purpose and cost effective.” 

He stressed that his comments should not be interpreted as criticism of existing funding or previous decisions on investment, pointing to recent expenditure on the roofs and façades of court buildings. 

And despite the judiciary being “stretched” by a “relentless” pace of work, the courts continued to provide what the Chief Justice described as “a reasonably high level of service”. 

In criminal cases, for example, the average period between a case being sent to the Supreme Court and the trial date was around 13 months. Once a case was ready to be listed, trial dates were being offered within three to six months. 

“Is there room for improvement? Of course,” Mr Justice Dudley said. 

“But compared to other jurisdictions we are doing well.” 

Mr Justice Dudley said he had not previously pressed for investment in digitising the civil and commercial jurisdiction because he did not believe the time had come. 

“I now think it has, or at the very least that the time has come for us to explore it very seriously.” 

‘SUPPORT’ 

The message from the Chief Justice was later acknowledged by Chief Minister Fabian Picardo at a lunch hosted by the Law Council, where he had been invited to address those present. 

“The Government will be there to support the decisions necessary to explore and implement those modernisations,” Mr Picardo said. 

“I agree that the time has definitely come for digitisation of our courts.” 

“The fact is, the Supreme Court may now be one of the few analogue bastions of administration in Gibraltar.” 

“On specialisation, I leave up to the Chief Justice entirely any view on that and on potential enlargement of the numbers of puisne judges necessary.” 

“As he knows, we have never sought to limit that number where an increase may be justified by increased workload.” 

“Because our commitment to the rule of law and the efficiency of our court services matters hugely here, at home, because it delivers the timely justice that any citizen may need in myriad circumstances.” 

“And it matters just as much abroad, because that is the foundation of everything we've built on this Rock that does not support agriculture or has no source of fresh water.” 

“Our finance centre, our gaming industry, our shipping and insurance sectors.” 

“All of these rest on one proposition, that a contract made in Gibraltar will be enforced in Gibraltar by an impartial court applying known law.” 

“And it matters now, as we pass through the greatest change in our external relationships in a generation [and] new international arrangements bring new law and new arguments.” 

Elsewhere in his address, Mr Picardo said Gibraltar’s commitment to the rule of law remained central to its democratic institutions and economic model, insisting too that the Rock was “not really ever in any democratic danger”. 

He pointed to the way court judgments against the Government were handled as a measure of that commitment. 

“In Gibraltar, the Government loses, the Government pays the costs, the Government changes the policy, and the Government gets on with it," he said. 

“Nobody is sacked. No judge is denounced. The judgment comes down, and it is obeyed.” 

Mr Picardo said judicial independence and the ability of individuals to enforce constitutional rights against the Government were fundamental not just domestically, but also to Gibraltar’s international reputation and economy. 

“Because Gibraltar's institutions of Government are fully committed to the rule of law,” he said. 

“That’s not a slogan.” 

“It is a habit practised daily by the Bench, by this Bar and, I hope you'll allow me, by the Government.”