This item was published during the term of a previous administration that ended in April 2007
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Major review of Scotland's civil courts
12/02/2007
The Lord Justice Clerk Lord Gill is to head a wide-ranging review of Scotland's civil courts and the way they work.
The review is aimed at ensuring that the civil justice system continues to provide an effective and efficient service for any individuals, families, communities and businesses who have cause to use it.
The review will provide a detailed examination of a number of areas including:
- Making sure that cases are dealt with at the right level of the court system
- The way civil cases are handled and the time it takes to resolve them, particularly those cases where small sums are involved
- The current assumption that criminal cases get priority over civil cases
- How civil cases progress through the courts and who should be in control of the process
Justice Minister Cathy Jamieson said:
"The civil law affects virtually every aspect of our daily lives- raising our families, earning a living, looking after our property and protecting our environment. Difficulties and disputes can arise in any of these areas.
"If problems cannot be resolved by agreement then we all need to have access to a system that protects our rights, and enforces the law if necessary. Last year around 125,000 civil cases were raised in the sheriff court.
"Already we have introduced changes to our civil laws to reform family law so that it better reflects the way we live now and to improve protection for the more vulnerable members of our society, including adults with incapacity.
"However, following the radical reform of our criminal justice system and our criminal courts, I believe the time is now right to look afresh at our civil courts and the services connected to them.
"Given the key role that the judiciary has in managing and organising the courts, it is right that the review is led by one of our most senior judges. I am delighted that someone of the calibre of Lord Gill has agreed to lead it. With his valuable experience in law reform, he is well placed to carry out this important task.
"Lord Gill and his team will carry out an in-depth look at the structure and procedures of our civil courts. The review will have a clear remit to produce recommendations for change to ensure that the civil justice system deals with cases justly, within a reasonable time and at a reasonable cost.
"I am confident that this comprehensive examination will ensure that Scotland continues to have a fair, efficient and effective civil justice system for the 21st Century. One that is able to support family and business relationships, protect legal rights and solve legal problems."
Martyn Evans, Director of the Scottish Consumer Council said:
"We are delighted that the Scottish Executive has today announced that Lord Gill will lead a review of the civil courts in Scotland. An advisory group chaired by Lord Coulsfield, - and set up by the Scottish Consumer Council - concluded in 2005 that a review is needed to ensure it remains up to date and effective.
"We are very pleased that Ministers have recognised the need for such a review to ensure that the civil justice system fulfils the needs of the people of Scotland in the 21st century. We hope that this review will result in a more user-friendly system which will allow consumers to resolve their disputes more quickly, cheaply and easily than at present."
The Scottish Executive today also published "Modern Laws for a Modern Scotland - A Report on Civil Justice in Scotland." The report sets out what has already been achieved in reforming civil law and the civil justice system and outlines the areas to be covered by Lord Gill's review.
Background:
The Executive supported the Scottish Consumer Council's initiative to hold a series of seminars, funded by a grant from the Nuffield Foundation, on the future of the civil justice system in Scotland. The aim of the seminars, which were held between September 2004 and April 2005, was to try to identify the areas of the current system which gave rise to concern and to bring out suggestions for change. The process was lead by an advisory group of stakeholders, including the Executive, and was chaired by the Rt Hon Lord Coulsfield. A report of the seminars was published by the SCC in November 2005.
Following the publication of the SCC's report, Justice Ministers held a series of meetings with a broad range of stakeholder interests to discuss its conclusions and help them to reach a decision on what the next steps should be. The issues were also debated before the Scottish Parliament in a broad-ranging debate on Civil Justice Reform on 20 April 2006. The Executive's intention to establish a review of the civil courts was announced at the debate and welcomed by all sides.