« Previous | Contents | Next »
Listen
Our vision for civil law and civil justice
1 This report aims to set out the Executive's vision for civil law and civil justice in Scotland in the 21st century.
OVERVIEW
1.1 The civil law and civil justice exist to support and regulate an enormous variety of types of human behaviour and relationships. Individual citizens, families, businesses, public bodies and government institutions are all affected by the civil law in the way they go about their daily lives or carry on their lawful activities. Within and between each of these groups, there is a huge range of different types of relationship or dispute that could arise, all needing the civil justice system to deliver an appropriate way of sorting out the problem or, if it cannot be resolved by agreement, determining and enforcing legal rights and responsibilities.
OUR ASPIRATIONS
1.2 We hope this report will allow the reader to see the "big picture" for civil law and civil justice in Scotland; as the paragraph above shows, this is a large canvas, and it is not always easy to see how the various parts of the picture relate to one another. Focussing on the detail of one part can mean that we lose sight of the overall effect. The report shows how the great variety of projects that we are currently engaged on fit together into a coherent whole. Above all, it aims to help the people of Scotland to have a clear picture of our objectives and the principles which we believe should apply to decisions about future reforms.
1.3 We want everyone to have an understanding of the importance of the civil law in their daily lives, to have access to the advice and support they need to make the right choices about the legal matters that affect them, and to be confident that our civil justice services will help them to sort out problems when they arise. We also want to make sure that we make the best possible use of the resources available, to provide services that people will value and trust, and that deliver outcomes which actually resolve problems, helping people get on with their lives and supporting business and enterprise. That means thinking very carefully about the different ways in which we apply the money we spend on providing information, advice and assistance, the way we use our court buildings and other facilities, and the way we use the time and expertise of our judges and court staff.
1.4 We are clear about these aspirations. It is also clear that there is still much to be done to realise them fully. This document puts in context the work that has already been done and sets out the broad direction which we believe should be followed. The general principles set out in Chapter 3 are intended to provide the policy framework within which we see the review of the civil courts operating, as well as a framework for other future reforms in civil justice.
1.5 This paper is not intended as a consultation document, but we hope it will raise public awareness of the importance of civil justice and will be very happy if it stimulates discussion. We hope that this will be the start of a broad-ranging public debate, which may well stretch over a number of years, about what is wanted from our civil justice system and how best to achieve it. While this paper sets out what we currently see as the direction of travel, we recognise that it is for the new Administration to be elected in May to take forward this work, consistent with its own priorities. Any Administration must always be open to new ideas and willing to re-assess and re-focus its priorities to respond to events and changes in circumstances.
1.6 This report provides:
- In Chapter 2, a description of the reforms in civil law that the Executive has achieved since devolution and an indication of possible future areas of reform;
- In Chapter 3, a discussion of key issues involved in the delivery of civil justice services and an explanation of the policy principles that we consider should underpin future civil justice reform, as well as our response to the report by the Scottish Consumer Council's Civil Justice Advisory Group; 1 and
- In Chapters 4 and 5, a description of civil justice reform work achieved, currently in progress or already announced.
BROADER CONTEXT
1.7 The paper concentrates on initiatives affecting the justice system. It is, however, important to bear in mind the broader context in which these initiatives take place. Justice system projects have close links with policies on:
- care, protection and education of children, and on adoption and fostering and family relationship support;
- anti-social behaviour, social inclusion, housing and planning law;
- protecting the environment and promoting environmental justice;
- resolution of disputes regarding the provision of health services; and
- promoting enterprise and regulating the way businesses operate.
1.8 Aspects of civil law and civil justice reform are also high on the agenda of the UK Government. Many of the UK Government's initiatives, while primarily affecting areas of law reserved to the UK Parliament, have implications for civil justice systems in Scotland. They may require new court procedures to be put in place, or they may involve setting up new advice and information services, or the creation of a new tribunal that may have to make determinations involving Scots law. Reforms to areas of law such as consumer credit, which is reserved, may have an impact on the types and numbers of debt cases coming to court; and changes in immigration law may affect the numbers of judicial review cases being dealt with by the Court of Session. Developments such as these have to be factored in when we are considering possible changes to civil justice services in Scotland.
1.9 Similarly at EU level, there are changes in the pipeline which will have a significant impact on civil justice in Scotland. In an increasingly global society, it is important that disputes can be effectively resolved across international borders and EU initiatives such as those relating to small claims, enforcement, and mediation will affect the way our courts and other civil justice service providers operate.
1.10 All this means that justice policy can never be developed in isolation. We need real consultation and engagement with the huge and diverse range of stakeholders who have an interest in the way the justice system operates. All the policies described in this document have resulted from such consultation and discussion, often facilitated by the new legislative procedures that our own Parliament has brought. Work needs to continue to ensure that the public and everyone who is interested in the delivery of justice are fully involved in the policy development process.
1.11 Policy development must also be informed by research and analysis and there is currently a wide programme of research in civil law and civil justice, including: the family, children and relationships (including a large programme of work on child contact); adults with incapacity; information, advice and representation; and alternative dispute resolution and methods of delivering civil justice. Planned research involves projects to monitor and evaluate the effectiveness of new and existing policies, including the new Family Law Act and new legislation on bankruptcy and diligence. Other research will contribute to the formulation of polices by, for example, exploring initiatives such as in-court advice pilots and mediation pilots. A key task for the civil courts review will be to explore ways in which outcomes in civil justice can be measured.
Modern laws for a modern Scotland means fair laws and systems that deliver:
- clear rights and responsibilities for all Scotland's citizens; and
- access to justice, by means of
- information, advice and support to help people avoid problems in the first place, and to get the right advice and help if they do have a problem;
- accessible ways of helping people sort out problems when they arise, short of going to a court or a tribunal; and
- streamlined procedures for determining, protecting and enforcing rights for those cases that need to go to a court or tribunal.
« Previous | Contents | Next »