Lord Gill’s review of the Scottish civil court system in 2009 and the subsequent introduction into law of the Courts Reform (Scotland) Act 2014 is one of the most significant developments in Scottish legal history.
The vast majority of cases dealt with in the Court of Session relate to personal injury, with the only restriction being that the claim must be worth over £5000. However, under the new legislation, only claims worth over £100,000 will be dealt with in the Court of Session, meaning there will be a substantial shift in personal injury cases from the Court of Session to the Sheriff Courts.
New Personal Injury Court
As a result of this reform, a new personal injury court has been established that will cover all of Scotland. This will only deal with personal injury actions, freeing up the Court of Session and aiding the court finances.
This change in approach, which will come into effect in 2016, will see jury trials available in personal injury claims only in the new Personal Injury Court. Currently, a civil jury trial is only available in the Court of Session.
The aim of this reform is to reduce the cost of such claims and streamline the Scottish legal system by improving internal communication and administration.
Concern
Despite the intention behind the reforms, there is still some concern that the ongoing financial cutbacks being made to the Sheriff Courts may mean they are not equipped to deal with the anticipated extra caseload. It remains to be seen how these courts will deal with the larger number of claims.
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