Family action case management coming to Court of Session
Court of Session family actions will be subject to new rules on case management and pre-proof hearings from 18 September 2017.
Under the Act of Sederunt (Rules of the Court of Session 1994 and Summary Application Rules 1999 Amendment) (Miscellaneous) 2017, a case management hearing must be fixed when defences are lodged in the court.
Parties will require to address the court on matters such as:
- issues agreed and in dispute;
- any valuations required;
- expert evidence required;
- whether any children require to be heard or reported on;
- the estimated length of proof.
The rules also make provision for a pre-proof hearing to determine whether the case is likely to proceed on the date fixed. At the hearing, parties will need to address the court on matters such as:
- the state of preparation
- the number of days assigned
- whether special measures are required for witnesses.
In each case the court is given a range of appropriate powers to make orders regarding further procedure for "the expeditious progress of the case".
The separate amendments to the summary application rules make provision for interim trafficking and exploitation risk orders.