Review of Expenses and Funding of Civil Litigation in Scotland
Area 3-G(S)
Victoria Quay
Edinburgh EH6 6QQ
STATEMENT BY SHERIFF PRINCIPAL TAYLOR
LAUNCH OF TAYLOR REVIEW CONSULTATION
In September 2009, the Scottish Civil Court's Review (SCCR) under the chairmanship of The Rt. Hon. Lord Gill presented its Report to the Scottish Government. I am pleased that the Scottish Government has responded so positively to the recommendations in the Report.
The Board of the SCCR knew that Lord Justice Jackson was undertaking a Review of Civil Litigation Costs in England and Wales and would be reporting in early 2010. Accordingly, the Board thought it would be prudent to await the outcome of LJ Jackson's Report before formulating recommendations on judicial expenses in this jurisdiction.
LJ Jackson reported in 2010 and the Westminster Government has responded to that Report. The Legal Aid Sentencing and Punishment of Offenders Bill is presently making its way through the Westminster Parliament.
Earlier this year I was invited by the Scottish Government to chair a Review into the Expenses and Funding of Civil Litigation in Scotland. Part of my remit is to consult widely. Since the Review commenced, we have spoken to a number of people with an interest in the Scottish civil judicial process in order that we might identify those areas where it is thought that reform is necessary. We wrote to over 90 individuals and bodies seeking guidance on the issues upon which we should be consulting. I am also deeply indebted to the members of the Reference Group who have given of their time both generously and free of charge. Their contribution has been invaluable. This consultation document is the product of these discussions and responses. The responsibility for the content is, nonetheless, mine.
The consultation document covers a wide range of issues which have a significant impact on access to justice. Access to justice is a right and it has been said with some force that its absence is "an enemy of the rule of law". For example, we ask for views on whether access to justice would be improved if lawyers in Scotland were allowed to enter into agreements with clients whereby the lawyers could express their fee as a percentage of the damages recovered. We also give an opportunity for members of the public and lawyers alike to give their views on the desirability of referral fees which is an issue which has generated considerable interest south of the border.
It is a matter of chance that we embark upon consultation at a time when the Westminster Bill is being debated in the House of Lords. The Scottish Government recognises the importance of access to justice and has adopted a different approach from its English and Welsh counterparts. It does not intend to make major changes to the scope of legal aid even in these times of austerity. It would however wish legal aid to become "a funder of last resort."
I hope that there will be considerable debate generated by this document and that I will receive responses from as many sources as is possible. By so responding the Scottish public and professions will hopefully draw attention to all aspects of the issues contained in the consultation document. To assist the consultation process we propose to have public meetings in Aberdeen, Dumfries, Edinburgh, Glasgow and Perth. A wide range of responses should minimise the risk of there being unintended consequences arising out of the recommendations which will eventually be contained in my Report. I intend to report before the end of 2012.