A WIDE-ranging review of Scotland's civil courts to make them more accessible and cheaper for the public will be led by the nation's second most senior judge, it was announced yesterday.
The remit for the inquiry, to be headed by Lord Gill, the Lord Justice Clerk, suggests it could lead to root and branch reforms including fast-track procedures and simpler ways of pursuing small claims.
A strong theme of the review will be increased use of mediation. A report on civil justice published by the Scottish Executive yesterday, said: "It makes sense to pursue policies that work towards the early resolution of disputes, preferably by negotiation between the parties involved and without resort to the courts."
It also concluded that civil courts do not currently "help to resolve disputes at the earliest possible stage, or at proportionate economic cost".
The launch of the Gill Review was welcomed by the Scottish Consumer Council (SCC) and by the Law Society of Scotland.
George Way, the convener of the society's civil procedure committee, said: "Real benefits to the consumer and the wider public are achieved by a system that enhances access to justice while maintaining the safeguards offered by properly regulated legal service providers."
Martyn Evans, SCC director, said an advisory group set up by them in 2005 had concluded a review of civil law was needed to ensure it remains up to date and effective.
He said: "We are very pleased that ministers have recognised the need for such a review to ensure that the civil justice system fulfils the needs of the people of Scotland in the 21st century. We hope that this review will result in a more user-friendly system which will allow consumers to resolve their disputes more quickly, cheaply and easily than at present."
Civil justice has suffered from growing evidence that the public are dissatisfied, seeing it as out of date, inefficient and expensive. Much of this was brought to light in the review by the SCC, published in November 2005.
That proposed a cut in the cost of legal action, particularly where small amounts are concerned, less disruption by the priority given to criminal courts, more specialisation of courts and judges, a stronger role for courts in managing cases, fixed fees for lawyers and more powers to ensure judgments are observed.
Some aspects of civil law have recently been reformed at Holyrood, including the law of marriage and civil partnerships, child protection measures and reform of debt recovery. The review will consider a clearer separation of criminal and civil courts, and creating more specialised courts with judges having expertise in particular areas of law.
Lord Gill will also look at class action law, used in England and the US, in which several cases are considered together, reaching a judgment that can potentially be applied to thousands of others. He will consider whether judges can have greater powers to limit the amount and nature of evidence, in the face of commercial cases that drag on for years.
Justice Minister Cathy Jamieson said yesterday: "The civil law affects virtually every aspect of our daily lives; raising our families, earning a living, looking after our property and protecting our environment. Difficulties and disputes can arise in any of those areas. We all need to have access to a system that protects our rights and enforces the law if necessary".
She went on: "I am confident that this comprehensive examination will ensure that Scotland continues to have a fair, efficient and effective civil justice system for the 21st century. One that is able to support family and business relationships, protect legal rights and solve legal problems."
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