Publication - FOI/EIR release

Access to the courts and the right to a fair hearing: FOI release

Published: 20 Aug 2020

Information request and response under the Freedom of Information (Scotland) Act 2002

Published:
20 Aug 2020
Access to the courts and the right to a fair hearing: FOI release
FOI reference: FOI/202000060718
Date received: 13 Jul 2020
Date responded: 28 Jul 2020
Information requested

'Access to the courts and the right to a fair hearing' in the Scottish Courts.
You are looking for 'legal text' on three matters, and I will deal with them in turn

Response

You are looking for 'legal text' on three matters, and I will deal with them in turn.
Totally Without Merit (TWM) findings on an application or claim
Section 27B of the Court of Session Act 1988 as inserted by section 89 of the Courts Reform (Scotland) Act 2014 provide for the requirements for permission to proceed with an application for judicial review.

Civil Restraint Orders (CRO) against an individual or company
Civil restraint orders are not provided for in Scotland. However, you might be interested in the provisions relating to vexatious litigants in sections 100 to 102 of the Courts Reform (Scotland) Act 2014.

No automatic right for renewal of permission to appeal at an oral hearing in the Court of Session(Court of Appeal)
Section 27D of the Court of Session Act 1988 as inserted by section 89 of the Courts Reform (Scotland) Act 2014 provide for appeals following oral hearing in judicial review.
The Courts Reform (Scotland) Act 2014 can be accessed at:
https://www.legislation.gov.uk/asp/2014/18/contents.

You may also wish to consider Chapters 58 and 41of the Rules of the Court of Session which provide for judicial review and appeals under statute respectively and can be viewed at:
https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/court-of-session-rules.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG