Call for Evidence - Group Procedure

Details

The Scottish Parliament passed the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (“the Act”) on 1 May 2018. The Act received Royal Assent on 5 June 2018.

Part 4 of the Act allows rules of court to provide for group proceedings in the Court of Session. Rules may provide for group proceedings to be on an opt-in basis, an opt-out basis, or on either an opt-in or opt-out basis. Rules allowing group proceedings on an opt-in basis came into force on 31 July 2020. 

The SCJC deferred consideration of the introduction of opt-out procedure until sufficient experience had been gained from progressing opt-in actions. The SCJC has now prioritised this subject matter in its work programme for 2025/26 and established a working group to make progress. 

The SCJC’s Group Procedure Working Group would like to gather views to shape the development of efficient and effective court procedures. We would like to hear from anyone who has an interest in group procedure. The call for evidence will open on Friday 24 October 2025 and close on Friday 23 January 2026. 

The responses to the call for evidence will inform the SCJC’s consideration of matters required to facilitate a full implementation of Part 4 of the Act, including whether to extend Chapter 26A of the Rules of the Court of Session to cover “opt-out” group proceedings. Thereafter, before any changes are made to the Rules, the SCJC will hold a public consultation. 

It is the SCJC’s intention to publish responses, subject to respondents’ consent. Please include with your response, a completed consent form confirming whether you wish your response to be published or not.

The Call for Evidence will run from 24 October 2025 to 23 January 2026.

Please respond to the Call by completing the respondent information form and returning it to SCJC@scotcourts.gov.uk

If you need information on this website in a different format like accessible PDF, large print, easy read, or braille please contact us.

closes:
23/01/2025

Document  

 Call for Evidence respondent information form and questions

Call for Evidence - Modes of Attendance 

Details

The Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules1993 Amendment) (Attendance at Hearings) 2023 came into force on 3 July 2023. This added new chapters into the two main procedural codes:

• Rules of the Court of Session (RCS): Chapter 12C: Mode of Attendance at Court Hearings; and
• Sheriff Court - Ordinary Cause Rules (OCR): Chapter 4A: Mode of Attendance at Court Hearings
  
  

The Access to Justice Committee is undertaking a review of these rules. Part of this review includes a Call for Evidence where members wish to hear from anyone who is willing to take the time to respond and provide us with their views on the following questions:

1. Is there sufficient guidance and clarity in the rules about holding a court hearing either in-person, virtually or by hybrid means? If not, what would be helpful?
2. Is the process for requesting a change to the mode of attendance straight forward or too complicated? If so, what would be helpful?
3. With procedural business defaulting to being virtual, has this approach worked or has it been problematic or caused confusion?
4. Has there been or is there confusion about what a procedural hearing is and what is not?
5. Have virtual hearings had a positive or negative impact on access to justice?
6. Have virtual hearings had a positive or negative impact on open justice?
7. Have you attended a court hearing by telephone? If so, can you provide feedback on your experience of attending a court in this way?
8. How do you find the WebEx platform for conducting virtual hearings and are there any improvements you would like to see?
9. Should more use be made of hybrid hearings and if so, how do you envisage these working? By hybrid hearings we mean a hearing where the judge or sheriff is sitting in court, with the potential for everyone to attend in person, and one or more other participants attend remotely. Does it matter who is attending remotely (eg lawyer, witness, party)?
10. Did you encounter any technical difficulties during a virtual hearing or a hybrid hearing? If so, can you provide details on how the issue was resolved and if you were able to meaningfully participate?
11. Overall do you support virtual attendance at court or do you feel that more civil business should return to being held in person? Please give reasons for your answer.
    
    

The Call for Evidence will run from 29 September 2025 to 22 December 2025.

Please respond to the Call by completing the respondent information form and returning it to SCJC@scotcourts.gov.uk  

closes:
22/12/2025

Document   

Call for Evidence respondent information form and questions

Providing costs protection in environmental cases

Details

The Scottish Civil Justice Council has today issued a public consultation on proposals that would allow a party to request costs protection against an adverse award of expenses in a sheriff court environmental action.

Normally when someone loses a civil court case they would have to pay the “reasonable expenses” incurred by their opponent in addition to the amount they have been charged by their own lawyers. In an environmental case the court may, in the interests of justice, agree to grant an Environmental PEO to limit financial risk for that party. In practice that normally means the maximum that party would have to pay their opponent would be capped at £5,000 if they were to lose their case.

A decision by the court to grant such an order can be contentious as it limits the expenses that would otherwise have been paid to the successful party. Under the existing procedure those orders can only be sought in ‘judicial review’ proceedings and ‘statutory appeals’ within the Court of Session. The main proposal made within this consultation is to extend the ability to seek such orders: to a range of other civil actions that can be initiated within the sheriff courts; along with any potential challenge of that courts decisions to the Sheriff Appeal Court.

The Council welcomes feedback from any individuals or organisations with an interest in protecting the environment and in particular those who are contemplating whether to initiate environmental litigation in the public interest, and those who are (or have previously been) involved as a party in an environmental case where a motion for costs protection was considered by the court.

closed:
14/11/2025

Documents  

Consultation document and supporting information

Simplified table of fees(for officers of court)

Details

Feedback is sought from individual officers of court, firms in that market, the judiciary, the legal profession, court officials, and all those with a general interest in the services provided. This consultation will be open for a twelve week period.

closed:
22/8/2025

Documents

Consultation document and supporting information

Title

Date

Modernising the Signet

Details

The use of a signet ring or seal by the sovereign is an ancient custom, potentially holding the force of law by virtue of its long usage. The use of signeting appeared in Scots law more generally from 1707 onwards following the treaty of union. In the Court of Session that custom has evolved into the current rules requiring every summons lodged to have “passed the signet”.

The purpose is to modernise the approach taken by adding an ‘Order for Service’ that will explicitly convey that the Court of Session has granted its authority for a pursuer to serve the related summons on a defender, and where necessary, intimate the summons on any person who intimation is required.

closed: 21/05/2025

Documents

Consultation document and supporting information

Title

Date

Simplified procedures for divorce and dissolution

Details

The Family Law Committee (FLC) of the Council is undertaking this consultation on the draft rules that would be required to extend the ability to use thesimplified proceduresto potential applicants with children under the age of 16 who have made appropriate arrangements for the welfare of their children.

Feedback on the draft rules supporting that proposed change is sought from members of the public, the parties currently using asimplified procedureor who have done so in the past,the judiciary, the legal profession, court officials, and officials in the Scottish Legal Aid Board.

closed: 09/05/2025

Documents

Consultation document and supporting information

Title

Date

Online Intimation - to replace the walls of court

Details

As a temporary response to the pandemic the emergency Covid legislation supported a procedural change to using ‘online intimation’ - when the court had directed that advertising was to be included when intimating a civil action. In practice that meant abbreviated notices were uploaded to the SCTS website so that they could be accessed and viewed online.

That switch to ‘online intimation’ was part of the plans to modernise the courts, and its introduction was simply accelerated by the pandemic. As that change has been well received by court users the Council has concluded that the ability to use this digital service should now be confirmed as the permanent procedure and this paper seeks feedback on making that change.

closed: 25/04/2025

Documents

Consultation document and supporting information

Targeted Consultation: Ordinary Procedure Rules

Details

This is a Targeted Consultation to gather initial feedback from selected users; the judiciary, the legal profession, court officials and government officials.

These proposed new Ordinary Procedure Rules are a key next step in progressing our comprehensive Rules Rewrite. Seeking initial feedback on the general approach we are taking requires a mix of specialist technical expertise along with good practical working experience of the multiple existing rules in use.

closed: 30/11/23

Documents

Consultation document and supporting information

Documents

Consultation responses

Documents

CONSULTATION ANALYSIS - Ordinary Procedure Rules

Targeted Consultation: on changes to the Inner House Rules

As part of our annual Work Programme, the Scottish Civil Justice Council has initiated a review of the rules that support the operation of the Inner House. Having obtained some initial operational feedback the Council has prepared draft rules to help communicate the proposed changes that have been proposed to date. Given the technical nature of these particular rules a full Public Consultation would be inappropriate. Instead we have opted for a Targeted Consultation seeking feedback from selected groups that represent the wider judiciary, practitioners and court officials.

Consultation on the mode of attendance at civil court hearings

This consultation seeks views on proposed new rules covering the most        
appropriate mode of attendance at civil hearings in the Court of Session and   
the sheriff court.

Title

Date

Details

Questionnaire – Review of rules making the use of Civil Online mandatory for Simple Procedure Claims

This questionnaire seeks views from court users, including party litigants, solicitors and professional services firms that have used Civil Online and the Application Programme Interface to submit simple procedure claim as a result of the rule change making the use of these systems mandatory for Simple Procedure submissions.

23/02/21

to

13/04/21

Details

Responses to the questionnaire on the mandatory use of Civil Online for submitting a simple procedure case

Title

Date

SCJC Working Group: Consultation on Group Proceedings

This was an informal targeted consultation that sought views on proposals for a procedural regime to regulate group proceedings in the Court of Session. The underlying law was consulted upon during the progress of the Scottish Government Bill and views are now sought on the proposed procedural framework in order to assist the Council with development of related court rules.

Responses due by 23 April 2020.

Closes
23/04/2020

Document

SCJC Working Group: Consultation on Group Proceedings

Title 

 Date

Details  

Consultation on the Case Management of Family and Civil Partnership Actions in the Sheriff Court

This consultation seeks views on recommendations to improve how family and civil partnership actions are dealt with in the sheriff court, particularly in order to prevent undue delay in proceedings relating to the welfare of children.                                             

Title

Date

Details

This consultation seeks views on Simple Procedure, the rules and forms for which are contained within the Act of Sederunt (Simple Procedure) 2016.

The Simple Procedure Rules came into force on 28 November 2016.

27/02/18

to

31/05/18

Title

Date

Details     

Consultation on the Review of Fees in the Scottish Civil Courts: Fees of solicitors

This consultation seeks views and evidence from stakeholders on the table of fees for solicitors’ recoverable under awards of expenses made in the Court of Session, Sheriff Appeal Court and sheriff court.

21/09/17

to

17/11/17   

Title

Date

Details    

Consultation on draft rules for Protective Expenses Orders

This consultation seeks views on draft rules proposing a new procedural model for applications for protective expenses orders.

28/03/17

to

23/06/17

Title

Date

Details       

Title

Date

Details 

 

Consultation on the draft Simple Procedure Rules
 
This consultation seeks views on draft rules of court for simple procedure. 

25/11/15 

to

02/03/16 

                                         Title

Date

Details  
                   
 
 
 

Information Gathering Exercise on Pre-Action Protocols  

This information gathering exercise seeks views on the current use of voluntary pre-action protocols and on the possible introduction of compulsory pre-action protocols.                                        

14/05/14 

to

30/06/14  

Title

  Date

Details
 

Consultation on Rules on Reporting Restrictions

This consultation seeks views on proposed amendments to court rules on reporting restrictions within the Court of Session.

24/07/13

to

02/10/13