Civil justice

The Scottish Government has issued a consultation to seek views on proposals to revise court fees in Scotland so that the fees raised in Scottish courts continue to contribute appropriately to the cost of the business undertaken in those courts.

• View the consultation on the Scottish Government website
• Read our response

The Scottish Government’s Civil Justice Division are looking at the process for low value personal injury claims resulting from road traffic accidents in Scotland and gathered views on how the current process is working in practice and on possible reforms.

Read our response.

The Scottish Civil Justice Council sought feedback on the merits of having one consolidated set of rules for the majority of “ordinary” actions initiated for cases over £5,000 in the sheriff courts, and for cases over £100,000 initiated in the Court of Session.

The SCJC consultation is available here - Targeted Consultation: Ordinary Procedure Rules.

Read our response.

The Scottish Civil Justice Council initiated a review of the rules that support the operation of the Inner House and has issued a targeted consultation, which seeks feedback from the judiciary, practitioners and court officials, on proposed changes to the Inner House rules.

The SCJC consultation is available to read on its website.

Read our response.

The Scottish Law Commission's discussion examines the law of damages for personal injury to consider whether, and if so how, any clarification or reform of the law to reflect societal change should be undertaken. The Commission invited views from anyone with an interest in the subject matter.

• Read the discussion paper
• Read our response

The Singapore Convention on Mediation

• This consultation sought views on whether the UK should sign and ratify the Singapore Convention on Mediation 2018 and ran from 2 February 2022 to 11:59pm on 1 April 2022

Consultation on the United Nations Convention on International Settlement Agreements Resulting from Mediation (New York, 2018)

• This consultation sought views on whether the UK should become party to the Singapore Convention on Mediation 2018 and implement it in UK domestic law.
• Read our response.

The Scottish Civil Justice Council (SCJC) has issued a consultation on the Rules Covering the Mode of Attendance at Court Hearings

• View the consultation on the SCJC website
• Read our response

The Scottish Government has issued a consultation on Part 1 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

• View the consultation on the Scottish Government's website
• The Law Society of Scotland's response (February 2019)

The Ministry of Justice has issued a consultation which forms part of the review of the framework under which the personal injury discount rate is set.

• View the consultation on the Ministry of Justice website
• The Law Society of Scotland's response (May 2017)

The Scottish Courts and Tribunals Service has issued an updated draft practice note from the Court of Session, dealing with judicial review applications.

• View the latest draft here
• The Law Society of Scotland's response (April 2017)

The Scottish Civil Justice Council has issued a consultation on the draft rules of court for fatal accident inquiries in the sheriff court. The draft rules are designed to encourage the expeditious progress of fatal accident inquiries and make the most efficient use of time spent in court.

• View the consultation on Scottish Civil Justice Council website
• The Law Society of Scotland's response (January 2017)