Council priorities for 2018/19

Apr 12, 2018

The Council has identified seven work priorities for the coming year which will be set out in its Annual Programme.

Under legislation, the Council must prepare an Annual Programme setting out its objectives and priorities for each year, beginning on 1 April. That plan is laid before the Scottish Parliament, together with an Annual Report. 

The Council’s work priorities are:

  • Simple Procedure – review of the core Simple Procedure Rules and extension of those rules for special claims
  • implementation of the remaining Gill recommendations
  • implementation of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill
  • Brexit-related amendments
  • improvements to court procedures
  • review of new rules
  • judicial rate of interest.

The remaining Gill recommendations refer to the recommendations of Lord Gill’s Scottish Civil Courts Review. Some of these matters may not be concluded during the programme year, including compulsory pre-action protocols in personal injury cases; judicial case management in family actions; and Alternative Dispute Resolution. 

Rules requests received under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill , will be given priority. Depending upon when they do come forward, it is unlikely that the Council will be able to conclude all of these tasks until next year. It is anticipated that the development of rules for group proceedings will be a significant work project.

Any critical Brexit-related amendments that arise will be given high priority. 

The various projects and rules requests involving improvements to court procedures will be prioritised. Given the volume of work involved, it is unlikely for the Council to be able to conclude all of these tasks until next year. These projects are: Protective Expenses Orders; lay representation; expenses and taxation; regulation of fees; the Voice of the Child; extension of Simplified Divorce to cases, including those where children are under 16; Digital Reform; and commercial dispute resolution.

The Council is committed to the review of new rules it develops which, in the face of competing demands, will be progressed as and when resources allow.

The Council’s secretariat will keep the issue of the judicial rate of interest under review.


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