Showing posts with label Sheriff Taylor. Show all posts
Showing posts with label Sheriff Taylor. Show all posts

Saturday, March 24, 2012

Reform of civil justice & court costs ‘a dying duck’ : Lawyers vested interests respond to Scottish Government’s Taylor Review

Taylor Review Page Cover_Page1Taylor Review consultation will fail to address, reform Scotland’s rip-off justice system. NEARLY FOUR YEARS AGO, the Lord Justice Clerk, Lord Gill issued his Civil Courts Review, describing Scotland’s justice system as “… a Victorian model that had survived by means of periodic piecemeal reforms. But in substance its structure and procedures are those of a century and a half ago. It is failing the litigant and it is failing society.” The well respected judge who some hope will replace Lord Hamilton as Lord President, went onto criticise the civil justice system even further, leaving little doubt in anyone’s mind of the futility of using Scotland’s civil courts, saying “Its delays are notorious. It costs deter litigants whose claims may be well-founded. Its procedures cause frustration and obstruct rather than facilitate the achievement of justice”. The Scottish Government’s response to Lord Gill’s two year Civil Courts Review was, more talk, and little action, and adding insult to injury, a review of Lord Gill’s review, branded the Taylor Review.

Over a year after Lord Gill had issued his highly critical findings on Scotland’s Victorian civil justice system, the Scottish Government announced their plans, with a proviso many of the ‘reforms’ would take years to implement, if ever. This was reported here : Scottish Government’s response to Civil Courts Review : Class Actions, more cases to Sheriff Courts, & faster, easier access to justice ‘over years’ and finally in 2011, the Scottish Government announced a review of Lord Gill’s review, seen by most as a time wasting exercise for vested interests, reported here : Scottish Government delay reforms on costs of litigation & access to justice as Minister announces 18 month 'time wasting' review by retired sheriff.

It took at least another six months before the Taylor Review team launched their consultation, covered by Diary of Injustice, here : Going to court is like being taken to the cleaners ? Participate in the Review of Expenses and Funding of Civil Litigation in Scotland Consultation.

While the Taylor Review has yet to report on, & recommend reforms to the way justice is obtainable (usually unobtainable) in Scotland, the vested interests of the legal profession have, predictably, released their own responses to the Taylor Review, giving little prospect of any changes to the ridiculous cost of litigating in Scotland’s civil courts.

Readers can view the legal profession’s responses to the Taylor Review at the following links : Response from the Law Society of Scotland, Law Society of Scotland’s Remuneration Committee on shortfall in judicial expenses, Response from the Faculty of Advocates, Response from the Glasgow Bar Association

Not withstanding the amount of time which has passed since Lord Gill’s critique on Scotland’s costly, antiquated civil justice system, nearly a full four years which have seen costs of going to court spiral in Scotland, there is little if anything in the responses from the legal profession which may contribute to any significant falls in the costs of obtaining justice in Scotland. Lets face it, lawyers are never going to concede justice could, and should become cheaper, simply because it affects their profits, and of course, the wider influence of the legal profession on public & political life in Scotland. Scots therefore, should not expect easier or cheaper access to justice anytime soon.

BACKGROUND TO CIVIL JUSTICE REFORM IN SCOTLAND

Lord Gill Lord Justice ClerkThe Lord Justice Clerk, Lord Gill, author of the Civil Courts Review. The Lord Justice Clerk, Lord Gill, in his speech to the Law Society of Scotland’s 60 year anniversary conference last year, reproduced in full here said : “The civil justice system in Scotland is a Victorian model that had survived by means of periodic piecemeal reforms. But in substance its structure and procedures are those of a century and a half ago. It is failing the litigant and it is failing society. It is essential that we should have a system that has disputes resolved at a judicial level that is appropriate to their degree of importance and that disputes should be dealt with expeditiously and efficiently and without unnecessary or unreasonable cost. That means that the judicial structure should be based on a proper hierarchy of courts and that the procedures should be appropriate to the nature and the importance of the case, in terms of time and cost. Scottish civil justice fails on all of these counts. Its delays are notorious. It costs deter litigants whose claims may be well-founded. Its procedures cause frustration and obstruct rather than facilitate the achievement of justice."

The Scottish Government’s full response to Lord Gill’s Civil Courts Review can be viewed online here : Scottish Government Response to the Report and Recommendations of the Scottish Civil Courts Review or can be downloaded directly, here : Scottish Government Civil Courts Review response (pdf)

Readers can download the Civil Courts Review report in pdf format, from the Scottish Courts Website at the following links : Volume 1 Chapter 1 - 9 (Covers McKenzie Friends, procedures, advice etc, 2.99Mb) Volume 2 Chapter 10 - 15 (Covers mainly the issue of Class (multi party) actions etc, 2.16Mb) Synopsis (215Kb)

Readers may also wish to gauge how Holyrood and the Scottish Government are treating the Civil Courts Review, from a report covering the last Holyrood debate on the subject, along with video footage, here : Holyrood debate reveals civil justice reforms & McKenzie Friends may be a long way off as Scottish Ministers stumble over Lord Gill review proposals

Diary of Injustice’ coverage of the Civil Courts Review from its publication to the present, can be found here : Civil Courts Review - The story so far.

Wednesday, December 28, 2011

Going to court is like being taken to the cleaners ? Participate in the Review of Expenses and Funding of Civil Litigation in Scotland Consultation

Taylor Review Page Cover_Page1Taylor Review consultation on costs of justice aims to tackle widespread evidence that litigation in Scottish courts is expensive, exclusive & unproductive. GOING TO COURT is like being taken to the cleaners, whether its down to the fees of your own solicitors, the fees of the other side’s legal team or the court’s fees. No matter how you word the dreaded ‘access to justice’ equation, going to court in Scotland is a bit of a rip-off. There is no escaping the fact that justice, and access to it, is, with ample evidence, widely perceived to be the domain of the rich, vested interests, someone who can slip a judge a benefit on the side, or the ones who know how to bend legal aid rules to pick up public funds for taking on cases for convicted rapists, murderers & fraudsters which make the rest of the nation sick.

Put it this way, if you’ve ever had the feeling a serial child murderer stands a better chance of obtaining access to court & millions in taxpayer funded legal aid for a dispute over prison rights, as opposed to your own court case involving claim against a swindler who stole your investments, a lawyer who ruined a will or took your house, a medial professional who committed negligence or who caused a death in your family, or some other professional who, through their actions ruined your life and then kept on ruining your life in some kind of vendetta, you are in the right country. It all happens here, every week of every month of every year.

Those of you who attempt to pursue a case through Scotland’s antiquated “Victorian” court system to gain ‘justice’ simply end up joining a queue of thousands of people who walk in & out of Scotland’s revolving door courts system each year achieving nothing more than lining the pockets of the legal profession, the courts, & the judge who sits there on a £200K plus salary, managing an occasional grumble or mumble in some kind of inaudible verbal abortion more reminiscent of a silent horror movie, while frequently finding or ruling for the vested interests who his or her lordship dare not upset.

In an attempt to address the cost aspect of obtaining justice in Scotland’s Victorian civil courts, the Scottish Government’s Taylor Review of Expenses and Funding of Civil Litigation in Scotland has announced a consultation which readers and anyone with an interest in access to justice issues in Scotland should participate in. I also encourage anyone who does participate in the Taylor Review to ask their msp to participate. After all, you can bet your last penny the vested interests of the legal profession are participating in the consultation, and demanding costs be kept as they are, so justice can be delivered at great expense rather than being delivered on the cheap.

Heaven help Scotland’s greedy multi billion pound legal services rip-off industry if costs of going to court or conducting litigation were ever likely to be reduced …

The Taylor Review consultation paper is available to download here:

Consultation Paper (Word Document) 2253.5 kb

Consultation Paper (PDF Document) 856.85 kb

An announcement from the Taylor Review Team encourages participation in the consultation, stating : We hope that the consultation process will generate considerable debate and that you will feel able to respond to the questions that we pose.  Please do not feel that you must respond to every question.  There may be particular issues which interest you and you should feel free to limit your answers to such areas.  If there are additional points that you wish to make that are not covered by the Consultation Paper then please feel free to do so.

You can find out more about the Taylor Review HERE and readers should note responses to the consultation are to be received by the review team no later than Friday 16 March 2012.

Review of Expenses and Funding of Civil Litigation in Scotland

STATEMENT BY SHERIFF PRINCIPAL TAYLOR

LAUNCH OF TAYLOR REVIEW CONSULTATION

In September 2009, the Scottish Civil Court's Review (SCCR) under the chairmanship of The Rt. Hon. Lord Gill presented its Report to the Scottish Government. I am pleased that the Scottish Government has responded so positively to the recommendations in the Report.

The Board of the SCCR knew that Lord Justice Jackson was undertaking a Review of Civil Litigation Costs in England and Wales and would be reporting in early 2010. Accordingly, the Board thought it would be prudent to await the outcome of LJ Jackson's Report before formulating recommendations on judicial expenses in this jurisdiction.

LJ Jackson reported in 2010 and the Westminster Government has responded to that Report. The Legal Aid Sentencing and Punishment of Offenders Bill is presently making its way through the Westminster Parliament.

Earlier this year I was invited by the Scottish Government to chair a Review into the Expenses and Funding of Civil Litigation in Scotland. Part of my remit is to consult widely. Since the Review commenced, we have spoken to a number of people with an interest in the Scottish civil judicial process in order that we might identify those areas where it is thought that reform is necessary. We wrote to over 90 individuals and bodies seeking guidance on the issues upon which we should be consulting. I am also deeply indebted to the members of the Reference Group who have given of their time both generously and free of charge. Their contribution has been invaluable. This consultation document is the product of these discussions and responses. The responsibility for the content is, nonetheless, mine.

The consultation document covers a wide range of issues which have a significant impact on access to justice. Access to justice is a right and it has been said with some force that its absence is "an enemy of the rule of law". For example, we ask for views on whether access to justice would be improved if lawyers in Scotland were allowed to enter into agreements with clients whereby the lawyers could express their fee as a percentage of the damages recovered. We also give an opportunity for members of the public and lawyers alike to give their views on the desirability of referral fees which is an issue which has generated considerable interest south of the border.

It is a matter of chance that we embark upon consultation at a time when the Westminster Bill is being debated in the House of Lords. The Scottish Government recognises the importance of access to justice and has adopted a different approach from its English and Welsh counterparts. It does not intend to make major changes to the scope of legal aid even in these times of austerity. It would however wish legal aid to become "a funder of last resort."

I hope that there will be considerable debate generated by this document and that I will receive responses from as many sources as is possible. By so responding the Scottish public and professions will hopefully draw attention to all aspects of the issues contained in the consultation document. To assist the consultation process we propose to have public meetings in Aberdeen, Dumfries, Edinburgh, Glasgow and Perth. A wide range of responses should minimise the risk of there being unintended consequences arising out of the recommendations which will eventually be contained in my Report. I intend to report before the end of 2012.

Wednesday, September 21, 2011

Civil Courts Review TWO YEARS ON : “Victorian” flaws in Scots legal system ‘may last for decades’ as lawyers vested interests stifle justice reforms

Lord GillLord Gill’s Civil Courts Review published in 2009 recommended significant reforms to Scots justice system yet little has changed in two years. TWO YEARS ON from the CIVIL COURTS REVIEW undertaken by Scotland’s Lord Justice Clerk, Lord Gill in February 2007 which culminated in his report published in September 2009 recommending significant wide ranging reforms to Scotland’s antiquated civil justice system, Scots are finding access to civil justice & access to courts has, in reality, changed little despite much talk at the Scottish Parliament on the report’s reforms and several amateur attempts by the Scottish Government to legislate wider access to justice, all of which have been watered down in the face of almost warlike hostility from lawyers worried their profit margins would sink as people chose other forms of getting to court.

Sadly, the stinging criticisms of Lord Gill, who himself branded Scotland’s civil justice system as “Victorian”, failing to deliver efficiency of justice or Scots accessibility of justice appear to have been lost in the mists of time with little progress on the Lord Justice Clerk’s proposals to rectify the justice system’s ills, yet those consumers in Scotland who face the torture of using Scotland’s expensive, seemingly endemically dishonest legal profession to get to court, would rather the proposed reforms be speeded up than having review after review, and then as is now the case, reviews of the reviews.

Last year, on the first anniversary of the Civil Courts Review, and the blaze of publicity which surrounded its publication, we saw little change, almost a few steps backwards as I reported last August 2010, here : Civil Courts Review one year on : Scotland’s out-of-reach justice system remains Victorian, untrustworthy and still controlled by vested interests

Another year has now passed, yet the only movement on Lord Gill’s proposals by the Scottish Government, was to launch another review, as I reported earlier in March, here : Scottish Government delay reforms on costs of litigation & access to justice as Minister announces 18 month 'time wasting' review by retired sheriff, announced after I reported in January Civil Justice Advisory Group calls for radical reform of Scotland’s civil justice system, says people should be at the heart of Scottish civil justice

I reported on the ‘progress’ of the Sheriff Taylor review (the review of the review), earlier in July, here : Lawyers can talk, yet fee paying clients & court users remain shut out of Scottish Government review of the costs & funding of litigation in Scotland. A consultation was to be published on the Taylor Review website HERE although none has yet appeared.

Clearly, Civil Justice Reform and giving Scots control over their own access to justice & legal services, instead of the present arrangement where the legal establishment and lawyers control & decide which Scots have access to justice, is not a priority for the Scottish Government.

Indeed, it could well be argued the Scottish Government are delaying for as long as possible, most of the access to justice reforms because they will put power into the hands of Scots to resolve their legal issues & court issues much faster, at less cost, and with less potential for failure, than the present “Victorian” system offers us. The reason for the delays ? Well, its not too difficult to see if Scots are able to resolve their legal issues faster and cheaper, the legal profession are going to make a lot less money out of their clients.

Reminding readers once again of those words, Lord Gill, in his speech to the Law Society of Scotland’s 60 year anniversary conference last year, said : “The civil justice system in Scotland is a Victorian model that had survived by means of periodic piecemeal reforms. But in substance its structure and procedures are those of a century and a half ago. It is failing the litigant and it is failing society."

He continued : "It is essential that we should have a system that has disputes resolved at a judicial level that is appropriate to their degree of importance and that disputes should be dealt with expeditiously and efficiently and without unnecessary or unreasonable cost. That means that the judicial structure should be based on a proper hierarchy of courts and that the procedures should be appropriate to the nature and the importance of the case, in terms of time and cost.”

“Scottish civil justice fails on all of these counts. Its delays are notorious. It costs deter litigants whose claims may be well-founded. Its procedures cause frustration and obstruct rather than facilitate the achievement of justice."

"Unless there is major reform and soon, individual litigants will be prevented from securing their rights, commercial litigants will continue to look elsewhere for a forum for their claims, public confidence in the judicial system will be further eroded, Scotland’s economic development will be hindered, and Scots law will atrophy as an independent legal system.”

“Major reform and soon”, as Lord Gill said himself, has not happened. One may rightly being to wonder if Lord Gill’s reforms are ever expected to occur while the vested interests of money makers in the legal profession have their way. September 2010 has come and nearly ended, yet, again, little has changed for those in Scotland who need a justice system fit for the 21st Century, rather than what we currently have, the “Victorian” version controlled by vested interests from the legal establishment.

An official from one of Scotland’s consumer organisations admitted today he was ‘despondent’ about any major reforms to Scotland’s civil justice system over the next ten years. He said : “There is a general feeling the civil courts review is dead & buried along with any chance to launch major reforms to civil justice in the next decade.I don't believe this is a priority for the current Scottish Government and I don't think it will be one for the next”

He continued : “It’s just not in the interests of those earning money out of the justice system to see a different playing field where consumers can get easier, cheaper & faster access to justice in Scotland. Lawyers keep claiming if such reforms came in, they would go out of business, however lawyers dont own the justice system, they just use it to make money. Until we get away from the idea the legal profession owns & operates the justice system and the courts as their own business, there will be little chance of constructive reform of civil justice in Scotland.”

Readers can download the Civil Courts Review report in pdf format, from the Scottish Courts Website at the following links :

Volume 1 Chapter 1 - 9 (Covers McKenzie Friends, procedures, advice etc, 2.99Mb)

Volume 2 Chapter 10 - 15 (Covers mainly the issue of Class (multi party) actions etc, 2.16Mb)

Synopsis (215Kb)

My coverage of the Civil Courts Review from its publication to the present, and the pace of reforms to civil justice in Scotland can be found here : Civil Courts Review - The story so far however the story so far is that Scots do not have control over their own access to justice, and Scotland still has a justice system which is Victorian, prejudiced, politicised, controlled by vested interests & definitely a little crooked.

Friday, July 15, 2011

Lawyers can talk, yet fee paying clients & court users remain shut out of Scottish Government review of the costs & funding of litigation in Scotland

Scottish GovernmentScots public have not yet been asked to give opinions on Scottish Govt. costs of justice review. THE continuing theme of inequality in how the legal profession are treated differently to consumers, fee paying clients & court users of Scotland’s Justice system has reared its head once again as questions surfaced today over why the actual people who pay for Scotland’s costly courts system, those being taxpayers, consumers, and obviously, real life court users such as party litigants & fee-paying clients of solicitors have so-far been excluded from a call for contributions to the Scottish Government’s Review of Expenses and Funding of Civil Litigation In Scotland.

While members of the public and actual court users have yet to be asked to input into Sheriff Taylor’s review of the Lord Justice Clerk, Lord Gill’s Civil Courts Review recommendations on lowering the long time extortionate cost of access to Scotland’s civil courts, it transpires the legal profession were invited to give their own input & opinions to Sheriff Taylor’s team some three weeks ago when the legal profession’s own internal media asked for Scotland’s solicitors to give their contributions to the Taylor review team directly.

A legal insider who brought the matter to the attention of Diary of Injustice earlier this week claimed the Law Society of Scotland were keen to encourage as many solicitors as possible to submit contributions with a theme highlighting the invaluable work of solicitors in the legal system on which it is to be claimed, the Scots public must depend on for professional legal services and thus, access to justice.

The insider said : “I understand the Law Society is keen to refute the notion that access to justice in Scotland is unnecessarily expensive and out of reach for most consumers.”

Documents & discussions made available to Diary of Injustice portray a legal profession willing to ‘talk down’ many of Lord Gill’s criticisms of the costs of litigation in Scotland’s civil courts, out of what appears to be lawyers main fears of losing fee-paying clients & huge profits. There appears to be little attempt on the part of the legal profession to address key concerns expressed by many that access to justice in Scotland is in reality only available to those with money, and is mainly something of a rip-off to anyone who manages to walk through the doors of a court.

Discussions also reveal senior lawyers appear to be engaged in attempts to discourage any wider assistance or encouragement for members of the public to literally take justice into their own hands by using or even becoming McKenzie Friends, an idea first recommended by Lord Gill in his Civil Courts Review and subsequently introduced to Scots case law in November 2009 after a ruling by Lord Woolman in what is Scotland’s longest running civil damages claim : M.Wilson v North Lanarkshire Council & Others (A1628/01).

Questions were put to the Scottish Government earlier this week and today about the lack of any invitation as-yet to consumers & actual court users to participate in Sheriff Taylor’s review. No response was received. The Taylor review team also failed to respond to enquiries.

Sheriff Taylor’s review team asked the legal profession for their thoughts & contributions nearly three weeks ago. The invitation to the legal profession, published 20 June 2011, stated : “One of the basic premises of the Review is that any recommendation should address an identifiable mischief in Scotland’s expenses and funding regime. To that end, the Review welcomes contributions from members of the profession as to where they consider change is required. Comments may then be invited on such suggestions in the consultation paper.”

“Contributions to the Review should be sent to Kay McCorquodale, Secretary to the Review, at Area 3 G South, Victoria Quay, Edinburgh EH6 6QQ or, if by email, to enquiries@taylorreview.org  Please advise if your response should be treated as confidential.”

While a consultation paper is intended to be published around August of this year, the Taylor review team have not yet invited members of the public or court users to give their thoughts on the costs & funding of litigation in Scotland for the proposed consultation paper.

To ensure an adequate consultation paper is produced, and to ensure the review team are able to hear from actual court users and those of us who end up paying huge amounts of money for legal services in Scotland, I would encourage those of you who have used our expensive Scottish “Victorian” justice system, to study the terms of the review, prepare a submission, and contact the Taylor review team by email, documenting your relevant experiences in the justice system, whether good or bad. I would also encourage any of those who wish to participate in the Taylor review, to also contact their MSP and ask them to submit their thoughts on the extortionate costs of accessing justice in Scotland.

More information on the Taylor Review can be found on the Scottish Government’s website, here : Review of Expenses and Funding of Civil Litigation In Scotland

In order to assist in formulating recommendations Sheriff Principal Taylor has appointed a Reference Group. The Group will meet from time to time, as and when required. Sheriff Principal Taylor alone will be responsible for the conduct and conclusions of the review. The Reference Group, as currently constituted, consists of the following members :

Ian Johnston, Claims Manager (Technical), Aviva Insurance (one of the insurance firms who are part of the Law Society of Scotland’s notoriously corrupt Master Policy), Paul Wade (Solicitor), Wendy Sheehan (Solicitor), Joyce Cullen (Solicitor), Ronnie Conway (Solicitor), Lindsay Montgomery (Chief Executive, Scottish Legal Aid Board), Andrew Smith QC (Faculty of Advocates), Shona Haldane QC (Faculty of Advocates), Paul Brown (Chief Executive, Legal Services Agency), Professor Alan Paterson (Strathclyde University, also currently sits on Scottish Legal Complaints Commission), Professor John Sawkins (Heriot-Watt University) Sarah O'Neill (Consumer Focus Scotland), Stewart Mullen (Law Accountant)

I initially reported on the Scottish Government’s announcement of Sheriff Taylor’s review in an earlier article in March of this year, here : Scottish Government delay reforms on costs of litigation & access to justice as Minister announces 18 month 'time wasting' review by retired sheriff

The announcement from the Scottish Government, made by the Minister for Community Safety, Mr Ewing, stated : “A review of the costs and funding of litigation in Scotland will be undertaken by Sheriff Principal James Taylor. This review was recommended by the Lord Justice Clerk, Lord Gill in his report of the Review of the Scottish Civil Courts. Sheriff Principal Taylor will begin the review when he retires from the bench in April. It is anticipated that the review will take around 18 months and the final report will be sent to the Scottish Ministers for consideration of further action, on completion.”

The terms of reference for the EIGHTEEN MONTH LONG review announced by the Scottish Government are :

To review the costs and funding of civil litigation in the Court of Session and Sheriff Court in the context of the recommendations of the Scottish Civil Courts Review, and the response of the Scottish Government to that review. In undertaking this review, to:

* consult widely, gather evidence, compare our expenses regime with those of other jurisdictions and have regard to research and previous enquiries into costs and funding, including the Civil Litigation Costs Review of Lord Justice Jackson

* consider issues in relation to the affordability of litigation; the recoverability and assessment of expenses; and different models of funding litigation (including contingency, speculative and conditional fees, before and after the event insurance, referral fees and claims management)

* consider the extent to which alternatives to public funding may secure appropriate access to justice, and pay particular attention to the potential impact of any recommendations on publically funded legal assistance

* have regard to the principles of civil justice outlined in Chapter 1, paragraph 5 of the Civil Courts Review

* consider other factors and reasons why parties may not litigate in Scotland

* report with recommendations to Scottish Ministers, together with supporting evidence within 18 months of the work commencing.

BACKGROUND TO CIVIL JUSTICE REFORM IN SCOTLAND

Lord Gill Lord Justice ClerkThe Lord Justice Clerk, Lord Gill, author of the Civil Courts Review. The Lord Justice Clerk, Lord Gill, in his speech to the Law Society of Scotland’s 60 year anniversary conference last year, reproduced in full here said : “The civil justice system in Scotland is a Victorian model that had survived by means of periodic piecemeal reforms. But in substance its structure and procedures are those of a century and a half ago. It is failing the litigant and it is failing society. It is essential that we should have a system that has disputes resolved at a judicial level that is appropriate to their degree of importance and that disputes should be dealt with expeditiously and efficiently and without unnecessary or unreasonable cost. That means that the judicial structure should be based on a proper hierarchy of courts and that the procedures should be appropriate to the nature and the importance of the case, in terms of time and cost. Scottish civil justice fails on all of these counts. Its delays are notorious. It costs deter litigants whose claims may be well-founded. Its procedures cause frustration and obstruct rather than facilitate the achievement of justice."

Against the background of Lord Gill’s criticisms of Scotland’s “Victorian” civil justice system, in which some cases continue to be heard by judges some fifteen years after they first entered the court system, the current Scottish Government have a poor track record of responding to the many recommendations contained in Lord Gill’s 2009 Civil Courts Review, as I have previously reported, here : Civil Courts Review one year on : Scotland’s out-of-reach justice system remains Victorian, untrustworthy and still controlled by vested interests & here : Scottish Government’s response to Civil Courts Review : Class Actions, more cases to Sheriff Courts, & faster, easier access to justice ‘over years’.

Sadly, many of the Scottish Parliament’s msps failed to push the SNP administration to address much of the 100 year plus malaise of Scotland’s civil courts system. Only a handful of Scottish politicians rose to the occasion to challenge the Scottish Government over Lord Gill’s recommendations. Video footage of those Holyrood debates on civil justice reform & Lord Gill’s Civil Courts Review can be viewed at LawyerTV.

Readers can find out more & download a copy of the Civil Courts Review report in pdf format, from the Scottish Courts Website at the following links :

Volume 1 Chapter 1 - 9 (Covers McKenzie Friends, procedures, advice etc, 2.99Mb)

Volume 2 Chapter 10 - 15 (Covers mainly the issue of Class (multi party) actions etc, 2.16Mb)

Synopsis of Civil Courts Review

My coverage of the Civil Courts Review from its publication to the present, and the pace of reforms to civil justice in Scotland can be found here : Civil Courts Review - The story so far