SCJC's annual report shows big year supporting new courts

16th June 2016 | civil litigation

The court reform programme continues to dominate the work of the Scottish Civil Justice Council, as is shown by its third annual report published today.

Covering the year to 31 March 2016, the report shows the SCJC's key priorities for the year as 

  • preparation for and the implementation of major justice system reform projects, particularly implementation of civil courts reform and the Courts Reform (Scotland) Act 2014;
  • consideration, and preparation for implementation, of new legislation;
  • ongoing preparation of rules revisions necessary to implement primary and subordinate legislation and developments in case law (the "care and maintenance" aspect of the rules); and
  • consideration of potential improvements to procedures particularly in respect of those aspects of civil courts reform which can be taken forward without primary legislation.

Alongside that, the SCJC's Rules Rewrite Working Group published its final report setting out how new rules should be drafted to furrther the aims of harmonisation, modernisation and simplicity, following which several suits of rule changes have been taken forward as a priority. Apart from those related to the new court structure, these concerned judicial case management, rules for enforcement and sanctions, and creation of compulsory pre-action protocols.

For the rules rewrite proper, a scoping paper has been approved, with a project plan for a five stage process:

  • preparation of discussion papers,
  • preparation of procedural narratives,
  • agreement of a draft structure,
  • preparation of policy instructions on particular matters, and
  • agreement of draft rules.

Work is also ongoing on implementing the Taylor review on civil litigation costs.

Lord President Carloway, who chairs the SCJC, comments in the foreword: “During the course of the past year, the Council has supported historic reform to civil justice in Scotland and taken significant steps towards delivering a modernised and efficient system.

“The Council has assumed a number of new responsibilities to support the substantial changes which are reshaping the justice landscape in Scotland.

“One of its new functions includes the task of reviewing how inquiries into fatal accidents and sudden deaths are carried out. The Council has also supported the creation of a new Scottish court with the launch of the Sheriff Appeal Court.

“Other significant developments have included the provision of a framework for simple procedure to offer user-friendly rules which are easily accessible to the public; a specialist personal injury court, and the use of e-motions. These all come alongside the emergence of a new structure to accommodate tribunals dealing with devolved matters."

He adds: “All of these weighty achievements and ongoing developments require a high level of commitment and professionalism from members who continue to ensure that reform is implemented effectively – taking the civil justice system forward into the modern era.”

Click here to view the annual report.