Consultations by Other Organisations
Other organisations may invite the SCJC to respond to their consultation on an area of work relevant to the SCJC. Listed here are relevant consultations by other organisations along with any response from SCJC .
Current Consultations
Closed Consultations
Consultation on proposals for an increase of 2% in court fees in each financial year between 2022 and 2025, proposals for minor changes to court fee exemptions, and proposals for changes to some court fee narratives.
The Scottish Civil Justice Council provided a written response to the Scottish Government.
The consultation set out a range of proposals, including whether some beneficial temporary provisions made under Scottish and UK coronavirus legislation and due to expire in March 2022 should be maintained. The consultation period ended on 9 November 2021.
The Scottish Civil Justice Council provided a written response to the Scottish Government.
This consultation seeks the views on part 1 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 from service providers and prospective litigants as to whether the recommended caps are equitable or whether different caps should be considered. The Report of the 'Review of Expenses and Funding of Civil Litigation in Scotland' made a recommendation of what the caps should be. It closed on 31 January 2019.
This consultation sought views on reforming part 1 of the Children (Scotland) 1995 Act which covers parental responsibilities and rights and on creating a Family Justice Modernisation Strategy. It also sought views on other matters related to family law, such as aspects of the Children’s Hearings System. It closed on 28 September 2018.
This consultation sought views on proposals for changes to court fees. It closed on 15 May 2015.
This consultation sought views on proposals for a prospective Bill to implement some of the key recommendations from Sheriff Principal Taylor's Report of the Review of Expenses and Funding of Civil Litigation in Scotland. It closed on 24 April 2015.
This consultation sought views on policy proposals for a prospective Bill to amend the legislation that governs Fatal Accident Inquiries (FAIs) in Scotland by implementing most of the recommendations made by Lord Cullen in his 2009 Review of Fatal Accident Inquiry Legislation. It closed on 9 September 2014.
The Scottish Civil Justice Council gave a written response to the Scottish Government.
Scottish Law Commission: Proposed repeal of the Law Reform (Miscellaneous Provisions) Act 1949
This consultation invited views on proposals to repeal the Law Reform (Miscellaneous Provisions) Act 1949. The provisions of the Act relate to family law. The consultation forms part of the Scottish Law Commissions Statute Law Repeals Project. It closed on 30 April 2014.
The Scottish Civil Justice Council gave a written response to the Scottish Law Commission which can be viewed here.
This consultation looked at the concept of merging the Scottish Tribunals Service (STS) and the Scottish Court Service (SCS). This is the next step of reforming the devolved tribunals landscape in Scotland and would create a joint administration to provide support for both courts and tribunals, chaired by the Lord President. It closed on 19 September 2013.
The Scottish Civil Justice Council gave written evidence in response to the Scottish Parliament's Justice Committee call for evidence.
This consultation invited views on proposals to restructure the way civil cases and summary criminal cases are dealt with by the courts in Scotland. The proposals provide the legal framework for implementing the majority of recommendations of the Scottish Civil Courts Review, led by Lord Gill the former Lord Justice Clerk and now Lord President of the Court of Session. The proposals discuss a redistribution of business from the Court of Session to the sheriff courts, creating a new lower tier of judiciary in the sheriff court called the summary sheriffs with jurisdiction in certain civil cases and summary criminal cases. Other proposed measures include the creation of a new national sheriff appeal court and a new national specialist personal injury court. It closed on 24 May 2013.
The Scottish Civil Justice Council gave
written evidence in response to the Scottish Parliament's Justice Committee
call for evidence and Sheriff Principal Stephen gave
oral evidence on behalf of the Council on 01 April 2014.
The Scottish Civil Justice Council also gave written evidence in response to the Scottish Parliament's Finance Committee call for evidence.
This paper follows on from the proposals in the previous consultation on the Courts Reform (Scotland) Bill to restructure the way civil cases and summary criminal cases are dealt with by the courts in Scotland. This paper proposes that the current arrangements - which provide an appeal route from the Inner House of the Court of Session to the United Kingdom Supreme Court on the certification of two counsel - should be replaced by leave to appeal. It closed on 23 August 2013.