Lord Gill calls for information
29 May 07
First meeting of policy group appointed to support civil courts review
The Lord Justice Clerk, Lord Gill, has asked for information and evidence to help the process of the Civil Courts Review, announced by the Executive prior to the recent elections.
At the first meeting of the policy group appointed to support the review's work, Lord Gill, who is leading the review, said: "I hope that everyone who has views on the civil court system, and on how it can be made to work better for the benefit of the people of Scotland, will contribute constructive thoughts and ideas.
"The review has the challenging task of looking at how civil justice in Scotland is currently operating and making recommendations as to how it can be improved. We shall report within two years.
"The review will cover the structure and organisation of the civil courts; the kinds of cases the courts deal with and the stage at which disputes come to court; the practices and procedures used; the way litigants and witnesses are treated; and the way judges and court staff work. A formal consultation process will begin in the autumn, but in the meantime we invite comments and proposals."
Terms of reference for the review have been confirmed as: "To review the provision of civil justice by the courts in Scotland, including their structure, jurisdiction, procedures and working methods, having particular regard to:
- the cost of litigation to parties and to the public purse;
- the role of mediation and other methods of dispute resolution in relation to court process;
- the development of modern methods of communication and case management;
- the issue of specialisation of courts or procedures, including the relationship between the civil and criminal courts;
"to report within two years, making recommendations for changes with a view to improving access to civil justice in Scotland, promoting early resolution of disputes, making the best use of resources, and ensuring that cases are dealt with in ways which are proportionate to the value, importance and complexity of the issues raised."
A four member project board will oversee the work of the review. In addition to Lord Gill it comprises the Hon Lord McEwan, also of the Court of Session; Sheriff Principal James Taylor; and Sheriff Mhairi Stephen.
The board is supported by the project group whose members are the Hon Lord Hodge; Sheriff Principal E F Bowen QC; Sheriff Charles Stoddart; Nick Ellis QC; Kirsty Hood, advocate; Paul Cackette of the Scottish Executive Justice Department; Robert Carr, chairman of Anderson Strathern WS; Lindsay Montgomery, chief executive of the Scottish Legal Aid Board; Mr D Forrester of the Scottish Court Service; Ewan Malcolm of Scottish Mediation Network; and Sarah O'Neill, legal adviser to the Scottish Consumer Council.