The Scottish Government has published details of its plans to modernise the justice system in Scotland through reforming the operation of the courts.
The measures - in the Scottish Government’s Courts Reform consultation - follow recommendations set out by Lord Gill in his Scottish Civil Courts Review, and include:
- Increasing the threshold under which only the Sheriff Court can deal with civil cases from £5,000 to £150,000 so that more can be dealt with locally - freeing up the Court of Session to deal with the most complex disputes.
- The creation of a new judicial post – the summary sheriff – to hear lower value civil cases and less complex criminal cases. These sheriffs will have expertise in such casework and, in many cases, will use a new simpler procedure to resolve disputes fairly, swiftly and efficiently.
- The creation of a Sheriff Appeal Court to deal with civil appeals and less serious criminal appeals.
- The creation of a national personal injury sheriff court as a centre of expertise.
- Improvements to judicial review procedure, including introducing a three-month time limit for applications to be brought.
James Dalton, Assistant Director Head of Motor & Liability, Association of British Insurers, commented:
“The Association of British Insurers supports the proposed changes to Scotland’s civil courts. The changes should ensure that resources are allocated in a way which reflects the value and complexity of claims, increasing the efficiency of Scotland’s civil litigation system.”