Whenever a pursuer decides they want to initiate a civil action the court will normally require notification to be sent to, or served on, the defender. In some cases the court may also require the pursuer to advertise their proceedings more widely. 

Prior to the pandemic the options for that additional advertising could involve abbreviated notices being pinned onto the public notice boards within courthouses to enable the content to be viewed by those attending a court. The law has always referred to that method of advertising as “advertising via the walls of court”. 

Following the pandemic; the Covid emergency legislation supported the change to a more modern approach which sees those same notices being advertised online.  The feedback the Council has received from practitioners is that they would like to permanently retain the use of that modernised digital service. Hence this consultation seeks views on the rule changes needed to achieve that, which in turn will bring the centuries old legal tradition of using the physical “walls of court” to an end.

In addition this consultation also seeks views on changing the rules so that the use of newspaper advertising is discretionary rather than mandatory; and to require anyone seeking appointment as an Executor Dative to directly intimate that application to the family of the deceased (as an alternative to online intimation).

The consultation paper and accompanying impact assessments can be viewed online via the consultation page of the Councils website:

https://www.scottishciviljusticecouncil.gov.uk/consultations/scjc-consultations

The consultation will remain open for 3 months. Feedback is welcomed from anyone with a view on those proposed changes, with a closing date for responses of 31 January 2025.