Civil justice in Scotland could take giant leap with Gill report
Lord Gill's report on the Scottish Civil Justice System was published on 30 September. With 206 recommendations in 15 separate chapters, the report is comprehensive and ambitious. If implemented, it will represent a massive step forward for civil justice in Scotland.
October 14, 2009 at 05:44 AM
4 minute read
Lord Gill's report on the Scottish Civil Justice System was published on 30 September. With 206 recommendations in 15 separate chapters, the report is comprehensive and ambitious. If implemented, it will represent a massive step forward for civil justice in Scotland.
The aim of the review was to suggest recommendations that will produce prompt and efficient decision-making in the courts and procedures appropriate to the nature of the dispute. Its priorities were to ensure access to justice for the individual litigant, avoiding litigation wherever possible and encouraging the settlement of litigations once started.
The core recommendations involve a major shift in workload from the supreme court in Scotland – the Court of Session – to the Sheriff Court, Scotland's equivalent of the County Court. All claims below £150,000 would have to be heard by a sheriff and new district judges would deal with low-value civil and criminal cases. The current level is £5,000. There would be specialist sheriffs, a new national personal injury Sheriff Court, judicial or case flow management of claims, a new Sheriff Appeal Court, restrictions on rights of appeal, and the introduction of modern methods of communication.
No one escapes review, not even judges. If the proposals are accepted, judges would be publicly named three months after the conclusion of the case if they have not produced judgment. The report envisages rules which will include opt-out and opt-in provisions, potentially opening the door to major class actions in Scottish courts. Funding such litigation remains an issue but if these proposals are accepted and implemented, then the Scottish courts will extend their reach beyond UK waters considerably.
Political will and leadership will be required to turn the proposals into genuine reform. Gill has recognised this and recommended that a Civil Justice Council for Scotland be set up. Its aim will be to put in place the rules to effect the monumental changes advocated by Gill and keep the new system under review. A motivated and properly formed council is a welcome development for the profession.
The lack of detailed recommendations on the funding of litigation is a disappointment. While Gill has indicated that current cost recovery levels are inadequate, the report has not gone much further, preferring that the proposed Civil Justice Council be tasked to look at the issue of costs as soon as possible. It is vital that the issue of costs is resolved if the reforms are to succeed, as it is clearly an essential part of the litigation process for both clients and their representatives.
If Gill's proposals are implemented, they will represent a major change in how civil justice in Scotland is dispensed. Litigation departments in law firms all over the country will need to reconsider their business model. Those practices and lawyers used to litigating largely from their desks, delegating the appearance and drafting work to learned counsel, will have to rethink whether their skill set is adequate for this new 21st century court process. Partners also may have a dual role of running their businesses and representing clients at civil jury trials.
Litigation departments would face two options. They could continue to run their practices in the Sheriff Courts in largely the same way they run their current Court of Session practices or they could take the brave step of up-skilling all lawyers to deal with work in-house. For those progressive firms this ought to result in greater rewards, both in terms of income and a motivated staff. Only time will tell. Before that can happen, the recommendations in this very well-crafted and thought-out review must be debated, accepted and implemented.
David Armstrong is head of litigation at Brodies.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Law Sidelined as Asian IPOs in New York Dominated by Small Cap Listings
X-odus: Why Germany’s Federal Court of Justice and Others Are Leaving X
Mexican Lawyers On Speed-Dial as Trump Floats ‘Day One’ Tariffs
Threat of Trump Tariffs Is Sign Canada Needs to Wean Off Reliance on Trade with U.S., Trade Lawyers Say
5 minute readTrending Stories
- 1Who Are the Judges Assigned to Challenges to Trump’s Birthright Citizenship Order?
- 2Litigators of the Week: A Directed Verdict Win for Cisco in a West Texas Patent Case
- 3Litigator of the Week Runners-Up and Shout-Outs
- 4Womble Bond Becomes First Firm in UK to Roll Out AI Tool Firmwide
- 5Will a Market Dominated by Small- to Mid-Cap Deals Give Rise to a Dark Horse US Firm in China?
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250