Rules Rewrite Project

The First Report, “The New Civil Procedure Rules”, summarises the Council’s recommendations arising from the various discussion papers considered at Stage 1 of the Rules Rewrite Project.

The Council has established working groups to take forward workstreams 1 to 5 under stage 2 of the project plan as described in the Report. The working group remits have been approved and membership appointments have been made as noted below.


WS1 Commencement and initial case management

To consider the form of commencing writ and the form of defences, the case management questionnaire, pleadings, service of the commencing writ, administrative consideration of the writ by the clerk, caveats, vexatious litigants, preliminary pleas, the form of process, counterclaims, summary decree and initial case management decisions.

Lord Menzies

WS1 Meeting Dates:  10 October 2017, 14 December 2017, 24 April 2018, 10 July 2018, 18 October 2018

WS2 Applications and motions

To consider motions and minutes, interlocutors, transfer and remit of actions, the involvement of third parties (including sist and transference, third party notice, etc.) and the recovery of evidence.  

The Council’s ICT Committee will function as a working group to look at the topics within this area including policy considerations and not just from an IT perspective. 
Chair:  Lord Tyre

WS2 Meeting Dates:  6 November 2017, 15 January 2018, 13 March 2018, 25 June 2018  

WS3 Decrees, Extracts and Enforcement

To consider interim diligence and diligence, procedure in undefended cases, summary decree, decrees and extracts, reponing, decisions and reasons and diligence.

Lord Arthurson
WS3 Meeting dates:  5 December 2017, 20 March 2018, 12 June 2018, 1 October 2018  

WS4 Evidence, Proof and Hearings

To consider the mode of proof, the rules of evidence, the judge’s evidence and information management powers, hearings and the judge’s hearing management powers, expert witnesses, documents, vulnerable witnesses, and notices to admit and non-admission. 
Chair:  Lord President

WS4 Meeting Dates:  30 October 2017, 18 December 2017, 6 March 2018, 22 May 2018

WS5 Access to justice

To consider covering representation and lay representation, lay support, the withdrawal of agents, charges to pay, time to pay and alternative dispute resolution.
Chair:  Lady Wise
WS5 Meeting Dates:  23 May 2018, 3 September 2018, 11 February 2019, 29 April 2019