header-logo header-logo

19 November 2009 / Michael Zander KC
Issue: 7394 / Categories: Features , Procedure & practice
printer mail-detail

Northern justice

Michael Zander reports on Scottish proposals for civil justice reform

Although many of the recommendations of the Report of the Scottish Civil Courts Review (the Gill report), published in September, are of interest purely in Scotland, some are of wider interest, especially in the context of “the Woolf Reforms 10-Years-On” debates.

The review was carried out over two years by four judges led by Lord Gill, the lord justice clerk.

The most important recommendations concern the organisation of the courts structure. The root of the civil justice problem, Lord Gill says in his introduction, is that Scotland, uniquely among the major jurisdictions of the British Isles, has no proper hierarchy of civil courts. At first instance, the jurisdiction of the sheriff court and the court of session mostly overlap, with only two levels of judge. As a result, “much of the work of these courts is done by judges and sheriffs who are over-qualified for it”.

The report recommends a major transfer of business from the court of session to the sheriff court. (The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll