Scottish Civil Justice Council to reshape Scotland’s civil procedure

Lord Carloway - Image credit: Scottish Parliament TV

The Scottish Civil Justice Council (SCJC) is to carry out a comprehensive project to reshape the country’s civil procedure rules and is looking for the public to get involved.

It will launch a tour this summer, with visits planned to all of the six court areas in Scotland, which will include presentations, discussion and listening exercises.

The recently published ‘New Civil Procedure Rules – First Report’ sets out the council’s initial thoughts on the principles of civil justice and how best to reshape the form and structure of court rules.

Over the next year, the SCJC will work on developing a detailed model for ordinary procedure, both defended and undefended, in the Court of Session and sheriff courts.

The work will be divided into six streams: commencement and initial case management; applications and motions; decrees, extracts and enforcement; evidence, proof and hearings; access to justice; and expenses and taxation.

In the report, chair of the council Lord Carloway said: “The public’s changed expectations of what services should look like, and how they should work, are key to understanding what fairness will mean in 2020.

“The public has become used to services which are increasingly swift and responsive, automated, available anywhere and accessible in a variety of different ways.”

He added: “This is an opportunity to reshape civil justice and the Scottish Civil Justice Council needs to know what you think about those topics identified as forming the focus of our next year of work.

“The task is an ambitious but a necessary one: to build a civil justice system which makes more sense to someone born at the turn of the millennium than to someone born in the previous two centuries.”