News In Focus
12 February 2007
Lord Gill to review civil court procedures
The Lord Justice Clerk, Lord Gill, is to head a review of Scotland's civil courts and the way they work, the Scottish Executive announced today.
The review is aimed at ensuring that the civil justice system continues to provide an effective service for those who need to use it.
Lord Gill, a former chairman of the Scottish Law Commission, and his review group will look in detail at a number of areas including:
- making sure that cases are dealt with at the right level of the court system;
- the way civil cases are handled and the time it takes to resolve them, particularly in cases where small sums are involved;
- the current assumption that criminal cases get priority over civil cases;
- how civil cases progress through the courts and who should be in control of the process.
Coulsfield's recommendation
The setting up of a review was recommended by an advisory group chaired by Lord Coulsfield, the retired judge, in a report commissioned by the Scottish Consumer Council and published in November 2005. Martyn Evans, director of the SCC, said he was delighted that the review would take place.
"We are very pleased that Ministers have recognised the need for such a review to ensure that the civil justice system fulfils the needs of the people of Scotland in the 21st century. We hope that this review will result in a more user-friendly system which will allow consumers to resolve their disputes more quickly, cheaply and easily than at present."
Announcing the review, Justice Minister Cathy Jamieson said: "Following the radical reform of our criminal justice system and our criminal courts, I believe the time is now right to look afresh at our civil courts and the services connected to them.
She added: "I am delighted that someone of the calibre of Lord Gill has agreed to lead it. With his valuable experience in law reform, he is well placed to carry out this important task.
"Lord Gill and his team will carry out an in-depth look at the structure and procedures of our civil courts. The review will have a clear remit to produce recommendations for change to ensure that the civil justice system deals with cases justly, within a reasonable time and at a reasonable cost."
The announcement of the review has been welcomed by the Law Society of Scotland. George Way, convener of the Society’s Civil Procedure Committee, said that the Society had worked closely with the Executive and the SCC when considering ways to improve the civil courts.
“Real benefits to the consumer and the wider public are achieved by a system that enhances access to justice while maintaining the safeguards offered by properly regulated legal service providers”, he added.
The Scottish Executive has also published "Modern Laws for a Modern Scotland - A Report on Civil Justice in Scotland." The report, which outlines the areas to be covered by Lord Gill's review, can be found at: www.scotland.gov.uk/Publications/2007/02/09110006/0 .
Call for new model
Coincidentally, today also sees the publication of the February issue of the Journal of the Law Society of Scotland, in which an article by Sheriff Principal Edward Bowen QC of Lothian and Borders calls for a complete restructuring of the civil court system, with more specialised courts and sheriffs and a complete separation from criminal business, in order to increase the expertise of the bench. The article is online at http://www.journalonline.co.uk/article/1003854.aspx .