Changes to civil courts proposed

Feb 27 2013

Personal injury claims could be heard in a new specialist court under plans to restructure the civil justice system.

New summary sheriffs would also be put in place to deal with lower-level civil and criminal cases, under proposals in the Scottish Government's courts reform consultation.

Ministers said the measures would lead to the largest overhaul of the court structure in a generation, bringing more efficiency with reduced costs and delays. It follows recommendations by the now Lord President Lord Gill, head of the judiciary, who published the biggest review of the civil justice system in modern times in 2009.

Overall, Lord Gill presented more than 200 recommendations in his Scottish Civil Courts Review, saying changes in social and economic life in recent decades have left a structure of civil justice that is "seriously failing the nation".

A key proposal in the consultation is increasing the threshold under which the sheriff court can deal with civil cases from £5,000 to £150,000. This would free up the country's top civil court, the Court of Session, to deal with the biggest cases. The creation of a national personal injury sheriff court as a centre of expertise was also recommended.

A new judicial post would be established, the summary sheriff, to hear lower-value civil cases and less complex criminal cases. A sheriff appeal court would also be created to deal with civil appeals and less serious criminal appeals.

The Justice Secretary said the reforms are a key part of a programme to create a modern justice system that is "fair, accessible and efficient" to better meet the needs of the people.

Kenny MacAskill said: "The civil justice courts have remained relatively unchanged for more than a generation. These reforms will help us ensure that the right cases are heard in the right places and therefore reduce unnecessary delays, cost and bureaucracy.

"The proposals will also mean that Scotland's top civil judges will deal with Scotland's most complex civil legal cases, with others being dealt with in local sheriff courts where they will still be subject to the same level of scrutiny as before and will be heard more quickly and efficiently, for the benefit of all. The impact of current delays and high costs go beyond the courts themselves to the very businesses and individuals seeking both quick and efficient resolution."

The government consultation, inviting views on the proposals, runs until May 24.