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New legislation to modernise Scotland’s courts 

Proposals to bring about the biggest modernisation of Scotland’s courts in a generation have been approved with a new law being passed by the Scottish Parliament.

They include recommendations made by Lord Gill as part of the Scottish Civil Courts Review to improve the structure and operation of the courts, which were described as “slow, inefficient and expensive.”

The new powers passed will ensure that the right cases are heard in the right courts at the right cost.

The reforms will change the procedures and processes in our courts and include:

• Raising the exclusive competence of the sheriff court to £100,000
• Introducing summary sheriffs to deal with some types of criminal and civil cases in the sheriff courts
• Establishing a Sheriff Appeal Court

Justice Secretary, Kenny MacAskill said:

“I am delighted that this Government’s Court Reform Bill has passed stage 3 and will now become enshrined in law.

“Our courts have remained relatively unchanged for decades but this new legislation will bring about the most important change for Scottish courts for more than a generation.

“This is a hugely important step forward in making Scotland’s civil justice system more accessible, affordable and efficient for those people who need to resolve civil disputes.

“We have listened to and accepted concerns from some stakeholders and made amendments to ensure that people get access to the most appropriate legal representation in their cases.

“I am confident that the reformed courts structure, including the new national specialist personal injury court, will ensure that cases can be raised and dealt with quickly and effectively and there is easier and more affordable access to justice.”

Grahame Smith, General Secretary of the Scottish Trades Union Congress, said:

“We are delighted that, in his speech today, the Cabinet Secretary for Justice has shown an understanding of the need to protect access to justice for victims of workplace injury and personal injury more generally. We welcome in particular his clear concerns about the implications of Section 69 of the Enterprise and Regulatory Reform Act and his personal commitment to supporting its reversal should the Scottish Parliament be empowered to do so.

“In making clear his view that the Specialist Court is the appropriate place for health and safety cases of any financial value to be heard, the Cabinet Secretary has provided enormous comfort for our members. Equally, his recognition that the test for sanction is likely to be met in the majority of work related personal injury cases shows a keen understanding of the complexity that these cases are likely to carry.”

Alan Rogerson, Chairman of The Forum of Scottish Claims Managers, said:

"We welcome the Courts Reform (Scotland) Bill as a progressive, forward thinking piece of legislation. The establishment of a specialist Scotland-wide court to deal with personal injury cases, together with the £100,000 privative jurisdiction of that sheriff court, will improve access to justice and play an important part in the delivery of the reforms envisaged by Lord Gill in the Scottish Civil Courts review."

Notes To Editors

Lord Gill’s Civil Courts Review can be accessed from the following link:

http://scotcourts.gov.uk/about-the-scottish-court-service/the-scottish-civil-courts-review

The Parliamentary Evidence Sessions on the Bill as well as further background material can be accessed from the following link:

http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/29845.aspx

The most recent civil court statistics published in March 2014 by Scotland’s Chief Statistician show that while the number of civil cases being heard at sheriff court level has been declining – down 10 per cent between 2011-12 and 2012-13, a 43 per cent drop since 2008-09, the number of civil cases being heard at the Court of Session has remained steady. Personal injury cases accounted for 79 per cent of cases raised in the General Department of Court of Session