Civil Justice Committee
The Civil Justice Committee participates, on behalf of the profession, in advisory groups and consultations with the Scottish Government , the Scottish Law Commission and the Scottish Courts. In addition it has members who sit on the Court Rules Councils. It also provides advice on questions of practice that arise in relation to Civil Litigation.
The Committee is currently considering the following:
Scottish Civil Courts Review
The Rt Hon Lord Gill published a Consultation Paper in November 2007. The Consultation paper deals with four related themes: access to justice, the cost and funding of litigation, the structure of the civil courts and the procedures adopted by the courts. The Consultation paper asks a number of questions on each of these topics. It does not aim to draw conclusions about the potential options for reform but to identify what they are and whether they are worthy of further examination.
The Civil Justice Committee established a Working Party which submitted a response to the Consultation.
The Remuneration Committee will also contribute on recoverable expenses. If you would like to contribute to the Society's response please contact Fiona J Robb at the Society
Change to Court of Session Judicial Accounts
The Lord President’s Advisory Committee accepted a submission from the Society’s Remuneration Committee that in a Court of Session judicial account the restriction in Rule 42.9 to a single solicitor is no longer appropriate and does not reflect current practice particularly in Commercial Actions.
By Act of Sederunt – which came into force on 1st April 2008 the Rule was changed and now reads;
Form of Account of expenses
42.9 An account of expenses presented to the Auditor in accordance with an order of the court shall set out in chronological order all items in respect of which fees are claimed.
The words "and shall be taxed as if the whole work in the cause had been carried out by one solicitor" – have been removed.
This means that an account can now seek to charge for more than one solicitor in an action in the Court of Session where the work has been done on or after 1st April.
The alteration to the rule does not affect taxation in respect of work done, or outlays incurred, before 1st April 2008.
Useful Links
Judicial Studies Committee for Scotland - Annual report for 2007
The Judicial Studies Committee ("JSC") was set up in 1997 following a statement by the Secretary of State for Scotland, Mr Michael Forsyth, on 14 January 1997. The JSC was created to promote training for the judiciary, both in the Supreme Courts (the Court of Session and the High Court of Justiciary) and the sheriff court. This includes both deciding priorities for judicial training and co-ordinating the practical arrangements for delivering it.
