New courts open as part of 'historic changes'
Two new courts have opened under reforms hailed as the “most visionary changes for the courts in more than a century”.
The Sheriff Personal Injury Court and the Sheriff Appeal Court were officially opened to coincide with the start of the new legal year.
It comes less than a week on from government ministers being forced to back down over proposed changes to legal aid rates for solicitors appearing before the new Sheriff Appeal Court.
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The new courts are part of a package of reforms brought in under the Courts Reform (Scotland) Act 2014.
The threshold for civil cases to be heard in the Court of Session has also been raised from £5,000 being sued for to £100,000, designed to trigger a significant transfer of business to the sheriff courts.
A new Sheriff Personal Injury Court, which will sit in Edinburgh Sheriff Court, takes on much of the personal injury caseload excluded from the Court of Session as a result.
Minister for Community Safety and Legal Affairs, Paul Wheelhouse, said: “These reforms will help us ensure that the right cases are heard in the right places and therefore reduce unnecessary delays.”
“We want to create a modern justice system that is fair, accessible and efficient and that meets the needs of the people of Scotland today and these reforms are a key part of this.”
Solicitors had declared their intention to boycott the new Sheriff Appeal Court, which will hear summary criminal appeals from sheriff and justice of the peace courts, ahead of last week’s u-turn.
Solicitors, solicitor advocates and counsel will now all be paid the same fees for summary criminal appeals in the Sheriff Appeal Court as they are paid under existing arrangements in the High Court.
“Arrangements are in place for the opening of the new court and we are committed to engaging with the profession over the coming months and looking at the fees issue more widely,” added Wheelhouse.
David Fraser, acting chief operations officer at the Scottish Courts and Tribunal Service, said: “These reforms are part of the most visionary changes for the courts in more than a century.
“The Sheriff Appeal Court is a new entity entirely, while jurisdiction has altered significantly through the creation of the All-Scotland Personal Injury Court. These are historic changes that will bring improvement across the justice system.”
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