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Scottish Government Response to the Report and Recommendations of the Scottish Civil Courts Review



1. Chapter 1 paragraph 5.

2. http://scotland-judiciary.org.uk/27/484/The-response-by-the-Judges-of-the-Court-of-Session-to-the-Scottish-Civil-Courts-Review

3. This group brings together representatives and advisors from across the Scottish justice system, ensuring the alignment of public services with the achievement of the Scottish Government's core purpose and strategic objectives. The remit of the group is to:

  • identify priorities within the justice system to support the Scottish Government's National Outcomes;
  • oversee the operation of a set of programmes linked to those priorities, taking an overview of outputs and whether the programmes are achieving the aims set for them;
  • ensure that the programmes are focused on making a positive impact on the citizen as well as on justice;
  • work in partnership to remove barriers to achieving the priorities and programme objectives;
  • develop methods for aligning individual business plans and resource decisions to overall system needs and programme objectives;
  • maintain a strong focus on costs, benefits and value for money;
  • identify significant long-term changes in the justice environment and ensure these are factored into work in programmes and organisations; and
  • encourage collective dialogue of significant current issues.

4. http://www.dca.gov.uk/civil/final/index.htm

5. http://www.tribunals-review.org.uk/

6. http://www.judiciary.gov.uk/publications-and-reports/reports/review-of-civil-litigation-costs

7. The annual expenditure from the Scottish Government's central budget is currently in the region of £113m, including a £39m share attributable to civil court business of £139m total court service costs, and a similar proportion (28%, or £11m) of the total judicial remuneration costs. Other costs included are £22m spent on civil legal aid, £21m on civil legal assistance by way of representation, £15m on Scottish tribunals, £4m on legal advice services including in-court advice and £0.5m on Scottish civil appeals to the Supreme Court for the United Kingdom. Significant expenditure is funded from UK Government Department budgets, including an estimated £40m on UK Tribunals operating in Scotland. Other minor costs include central Government support and funding to mediation services, and corresponding portions of local government expenditure.

8. Final Appellate Jurisdiction in the Scottish Legal System: http://www.scotland.gov.uk/Publications/2010/01/19154813/0

9. Chapter 4, recommendations 1-47.

10. Recommendations 8-18.

11. Options for Tribunal Reform in Scotland - Discussion paper June 2010.

12. Paragraphs 7.27-7.29 of Options for Tribunal Reform in Scotland - Discussion paper June 2010.

13. Recommendation 19.

14. Recommendations 20-27.

15. Response by the Faculty of Advocates to the Civil Courts Review pages 39 and 43.

16. Recommendation 26.

17. Recommendations 28-29.

18. Recommendations 32-33.

19. Recommendation 36.

20. The structure comprises six separate sheriffdoms with:

  • 2 large-court sheriff court districts representing national operation centres with more than 20 full-time resident sheriffs (Edinburgh and Glasgow);
  • 4 smaller-court sheriff court districts representing regional operation centres with 5 to 8 full time resident sheriffs (Aberdeen, Dundee, Hamilton and Paisley);
  • 12 small-court sheriff court districts operating with 2 to 5 full time resident sheriffs (at Airdrie, Ayr, Dumbarton, Dumfries, Dunfermline, Falkirk, Inverness, Kilmarnock, Kirkcaldy, Linlithgow, Perth and Stirling);
  • 10 single-sheriff sheriff court districts operating with a single resident sheriff (at Alloa, Arbroath, Cupar, Dunoon, Elgin, Forfar, Greenock, Haddington, Lanark and Peterhead);
  • 14 sheriff court districts operating with a resident sheriff shared with other sheriff courts in a small circuit (at Banff, Dornoch, Dingwall, Duns, Fort William, Jedburgh, Kirkwall, Lerwick, Lochmaddy, Oban, Peebles, Rothesay, Stornoway and Wick); and
  • 7 sheriff court districts operating without a resident sheriff (at Campbeltown, Kirkcudbright, Portree, Selkirk, Stonehaven, Stranraer & Tain).

Conduct of court business in sheriff court districts operating without a full-time resident sheriff is reliant on routine deployment from a 30-strong pool of full-time all-Scotland floating sheriffs, most of whom work only in the sheriffdom to which they are appointed. All-Scotland floating sheriffs also supplement the complement of resident sheriffs in larger courts as a matter of routine. In some cases, floating sheriffs are virtually resident in a single court. The small circuits of resident sheriffs covering a group of smaller courts may also include courts with one or more other resident sheriffs. Across Scotland, the full-time complement of sheriffs is supplemented by part-time sheriffs.

21. Recommendations 37-42.

22. Recommendations 46-47.

23. http://www.scotland.gov.uk/Publications/2010/01/19154813/0

24. See paragraph 3.5.1 of the Final Appellate Jurisdiction in the Scottish Legal System report.

25. Devolution issues and acts of the Lord Advocate: http://www.advocategeneral.gov.uk/oag/files/section%2057(2)%20-%20informal%20consultation%20paper%20-%20final(R)%20(2).doc.

26. Recommendations 4-7.

27. Chapter 4 paragraphs 59-63.

28. Chapter 5 paragraphs 162-164.

29. Chapter 5 paragraph 126.

30. Chapter 5 paragraphs 134-141.

31. 'Future Administration and Supervision of Tribunals in Scotland : http://www.ajtc.gov.uk/scottish/scottish.htm

32. Options for Tribunal Reform in Scotland - discussion paper, June 2010.

33. Stipendiary magistrates currently only sit in Glasgow.

34. Chapter 4, paragraphs 179-192.

35. Recommendations 1-3.

36. Chapter 4, paragraph 177.

37. Most of the procedural recommendations are contained in Chapter 5 of the report but several of them are also further elaborated or explained in other chapters. The recommended new powers that are required to make the new procedures work well are described in Chapter 9. Specific changes to the procedure for judicial review and public interest litigation are described in Chapter 12 and a completely new procedure allowing for the introduction of class actions is described in Chapter 13.

38. Recommendation 48.

39. Recommendations 52, 56. 79 and 80.

40. See further discussion in relation to the proposed Civil Justice Council in part 4.5.

41. Chapter 13.

42. Recommendation 157.

43. Recommendation 166.

44. Chapter 12.

45. Recommendation 150.

46. Chapter 12 paragraph 25.

47. Recommendation 151.

48. Recommendation 152.

49. McArthur v Lord Advocate 2006 SLT 170.

50. Recommendations 49-51.

51. In particular, Chapter 5 paragraphs 18-47.

52. Recommendation 53.

53. Recommendations 54-73.

54. Chapter 5 paragraph 6.

55. Chapter 6.

56. Recommendation 94.

57. Recommendations 79-84.

58. Recommendations 86, 87, 142-144, 146-148.

59. Recommendation 112.

60. Recommendation 134.

61. Chapter 5 paragraphs 100-113 and recommendations 74-76.

62. Recommendations 131-133.

63. Chapter 10.

64. Recommendations 135-139.

65. Recommendation 140.

66. Chapter 14.

67. http://www.scottish.parliament.uk/s3/committees/justice/or-10/ju10-0102.htm#Col2529 column 2551
http://www.scottish.parliament.uk/s3/committees/justice/or-10/ju10-0202.htm#Col2570 columns 2598-9
http://www.scottish.parliament.uk/business/officialReports/meetingsParliament/or-10/sor0428-02.htm#Col25752#Col25752 column 25787

68. Chapter 15.

69. Lord Pentland, a senator, and Colin Milne, an employment judge, have been appointed in an advisory capacity.

70. Recommendation 206.

71. Recommendations 86-87, 101, 142-148.

72. Recommendations 96 and 100.

73. Recommendations 97-99, 101.