November 2016

The Society’s committees have been working on a number of Scottish Parliament and UK Parliament Bills and consultations including Scottish Court Fees, the human rights implications of Brexit and brain injury and offending.

Key areas are highlighted below. For more information see the law reform section of the website

Scottish Court Fees

We have responded to the Scottish Government’s consultation on Scottish Court Fees. We believe that plans to introduce the full recovery of civil court costs in Scotland would be damaging to access to justice, particularly for those bringing forward personal injury cases and more vulnerable people.

We have also stated that the proposal to introduce a 24% rise in court fees would be unjust and unjustifiable. We believe it is essential that the courts should provide an independent and impartial forum for resolving disputes between people or organisations and that the state has a duty to help those involved have equality of arms when their cases go to court.

Any new system for court fees would have to ensure they were proportionate, taking into account Lord Gill’s Review of the Scottish Civil Courts, and the findings of Sheriff Taylor in his Review of Expenses and Funding of Civil Litigation in Scotland. We think the focus of any review of court fees should be on redressing the balance between claimants and defenders in personal injury cases. However if the government’s aim is to have a system where 100% of the cost of the courts are covered by fees paid by those involved in the actions lodged, it will be vital to have proportionate fee levels.

Any change to the current system also needs to recognise that there is not a level playing field between personal injury claimants and the insurance companies who are the defenders in those claims. Any changes which fail to recognise this problem risk widening the existing gap.

You can read our response to the Scottish Government here