Society, Faculty react to court reform timetable

The Law Society of Scotland and Faculty of Advocates have each committed to making the reforms to Scotland's civil courts work, following the timetable for implementation announced yesterday by the Lord President.

Both bodies have previously expressed reservations about aspects of the reforms, the Society on the ground that insufficient resources were being provided to deal with the transfer of much of the Court of Session's business to the sheriff court, and the Faculty on the ground that litigants might be denied access to counsel as fees are not automatically recoverable in the sheriff court.

Following Lord Gill's announcement, however, Alistair Morris, President of the Law Society of Scotland said that the timetable for reform – much of which takes effect from September 2015 through to spring 2016 – was "set to transform our civil courts through the use of technology, improved administration systems and greater judicial specialisation and make them more accessible for Scottish businesses and members of the public".

Mr Morris welcomed the fact that in his address, the Lord President had also considered economic opportunities for Scotland and how the courts could best serve them. "There has been enormous change within the legal sector in recent years and we are pleased the Lord President has recognised the level of change. In many ways solicitors have been at the sharp end of that change and have responded by restructuring their businesses in order to compete not just in Scotland and the UK, but on an international platform in what they can offer clients", he said.

Solicitors, he continued, would be "very keen" to participate in the feasibility study for a new Energy & Natural Resources Court, which will report to the Lord President.

He added: "While the changes to the privative jurisdiction limit will see an increase in the number of cases being heard in sheriff courts, something we previously expressed reservations on, we know that our members will work to successfully support this transition and represent their clients including in the most complex cases."

The Dean of Faculty, James Wolffe QC, also took a positive line, commenting: “I welcome the Lord President’s vision of a civil court system responsive to the needs of litigants which harnesses technology to serve the ends of justice. In making that vision a reality, the legal profession – both advocates and solicitors – will have a key role to play. It is now time to put controversy behind us and to get on with the job of making justice work for all the people of Scotland. The Faculty of Advocates – Scotland’s national bar – stands ready for that task.

“The civil justice system matters. An efficient and effective court system, along with a skilled and independent legal profession, underpins and guarantees a just and economically successful society. The Lord President’s announcement that he intends to carry out a feasibility study on the creation of an Energy & Natural Resources Court in the Court of Session – a proposal which I support – should send a powerful signal that the Scottish courts, along with Scotland’s highly skilled legal profession, mean business.”

Both bodies also welcomed the announcement that the courts will adopt the recommendations of Lady Dorrian's report on which court proceedings might be televised, as enhancing public understanding of the work of the courts.