Background
The review of the civil courts in Scotland was originally announced back in February 2007 in the Scottish Executive (now Scottish Government) report on civil justice in Scotland entitled "Modern Laws for a Modern Scotland". The report revealed that:
"We have agreed with Scotland's senior judiciary that a major review of the civil courts is needed, to ensure that their structure, procedures and working methods promote access to justice and early, proportionate resolution of disputes, as well as making the best use of resources."
The remit was:
"To review the provision of civil justice by the courts in Scotland, including their structure, jurisdiction, procedures and working methods, having particular regard to:
- the cost of litigation to parties and to the public purse;
- the role of mediation and other methods of dispute resolution in relation to court process;
- the development of modern methods of communication and case management; and
- the issue of specialisation of courts or procedures, including the relationship between the civil and criminal courts;
and to report within 2 years, making recommendations for changes with a view to improving access to civil justice in Scotland, promoting early resolution of disputes, making the best use of resources, and ensuring that cases are dealt with in ways which are proportionate to the value, importance and complexity of the issues raised."
Headed up by Lord Gill, the Lord Justice Clerk, the Scottish Courts Review published a Consultation Paper in November 2007 which invited views on a wide range of issues and was intended, in the words of Lord Gill, "to inform interested parties of the principal issues that have been raised with us, to report on our researches to date and to set out what appear to us to be the practicable options for reform."
Many interested parties, including Brodies, took the opportunity respond to the Consultation Paper and, following the end of the consultation period in March 2008, Lord Gill and his team have been finalising the Report.
The terms of the Report will be scrutinised by the Scottish Parliament and there may be a further period of consultation although some recommendations may be capable of being implemented without the need for primary legislation.
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