Courts Reform (Scotland) Act 2014

Last updated

Courts Reform (Scotland) Act 2014
Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Long title An Act of the Scottish Parliament to make provision about the sheriff courts; to establish a Sheriff Appeal Court; to make provision about civil court procedure; to make provision about appeals in civil proceedings; to make provision about appeals in criminal proceedings; to make provision about judges of the Court of Session; to make provision about the Scottish Land Court; to make provision about justice of the peace courts; to rename the Scottish Court Service and give it functions in relation to tribunals; to provide for assistants to the Judicial Appointments Board for Scotland; and for connected purposes.
Introduced by Kenny MacAskill
Territorial extent Scotland
Dates
Royal assent 10 November 2014
Commencement 22 September 2015
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Text of the Courts Reform (Scotland) Act 2014 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Courts Reform (Scotland) Act 2014 is an Act of the Scottish Parliament passed in October 2014 to improve access to the civil justice system and while making the Court of Session a place for the more complex cases.

Contents

History

The Bill was introduced by Kenny MacAskill MSP on 6 February 2014. [1] The Bill was passed by the Parliament on 7 October 2014. [2] It received Royal Assent on 6 May 2015.

Provisions

The legislation created a national Sheriff Appeal Court. [2]

The legislation raised the threshold from £5,000 to £100,000 for a case to be brought to the Court of Session. [3] Some changes, such as a reduced ability to recover counsel's fees, make arbitration a more attractive means of dispute resolution. [4]

Related Research Articles

Scottish Parliament Devolved parliament of Scotland

The Scottish Parliament is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood.

Stewart Stevenson Scottish politician

James Alexander Stewart Stevenson is a Scottish National Party (SNP) politician who has been a Member of the Scottish Parliament (MSP) since 2001. He was the MSP for Banff and Buchan from 2001 to 2011, and after boundary changes he has been the MSP for Banffshire & Buchan Coast since 2011.

Court of Session Supreme civil court of Scotland

The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of £100,000; the pursuer is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.

High Court of Justiciary Supreme criminal court in Scotland

The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or the former Sheriff Court building in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court the High Court sits only in Edinburgh.

Courts of Scotland administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

Patrick Harvie Co-Leader of the Scottish Green Party

Patrick Harvie is a Scottish politician who has served as co-leader of the Scottish Greens since 2008. He has been Member of the Scottish Parliament for the Glasgow region since 2003.

James Kelly (Scottish politician) Scottish Labour Co-op politician

James Anthony Kelly is a Scottish Labour and Co-operative Member of the Scottish Parliament for the Glasgow region since 2016, having previously been the MSP for Glasgow Rutherglen (2007–2011), renamed Rutherglen (2011–2016). He has served as Scottish Labour's Justice Spokesperson since 2019.

Scots civil procedure governs the rules of civil procedure in Scotland. It deals with the jurisdiction of the country's civil courts, namely the Court of Session and sheriff courts.

Scotland Act 2012 United Kingdom legislation

The Scotland Act 2012 is an Act of the Parliament of the United Kingdom. It sets out amendments to the Scotland Act 1998, with the aim of devolving further powers to Scotland in accordance with the recommendations of the Calman Commission. It received Royal Assent in 2012.

Act of Sederunt

An Act of Sederunt is secondary legislation made by the Court of Session, the supreme civil court of Scotland, to regulate the proceedings of Scottish courts and tribunals hearing civil matters. Originally made under an Act of the Parliament of Scotland of 1532, the modern power to make Acts of Sederunt is largely derived from the Courts Reform (Scotland) Act 2014. Since 2013, draft Acts have also been prepared by the Scottish Civil Justice Council and submitted to the Court of Session for approval.

John Finnie Scottish politician

John Bradford Finnie is a Scottish Greens politician. He is the Green Member of the Scottish Parliament (MSP) for the Highlands and Islands region since 2016, having previously sat as a Scottish National Party (SNP) member from 2011 to 2012 then as an independent from 2012 to 2016.

Judiciary of Scotland make decisions in both civil and criminal cases

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

Marriage and Civil Partnership (Scotland) Act 2014 United Kingdom legislation

The Marriage and Civil Partnership (Scotland) Act 2014 is an Act of the Scottish Parliament which allows same-sex couples to marry in Scotland since 16 December 2014.

Act of the Scottish Parliament acts passed by the devolved Scottish Parliament, 1997 onwards

An Act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.

Victims and Witnesses (Scotland) Act 2014 United Kingdom legislation

The Victims and Witnesses (Scotland) Act 2014 is an Act of the Scottish Parliament which passed through the legislative body in 2013 and received Royal Assent on 17 January 2014. It brought into law a number of changes to modify the experience victims and witnesses have within Scotland's justice system.

Community Justice (Scotland) Act 2016 United Kingdom legislation

The Community Justice (Scotland) Act 2016 is an Act of the Scottish Parliament passed in February 2016 to make provision for new community justice arrangements. The Act established a new national body to oversee community justice and it introduced requirements about achieving outcomes that were set locally and nationally.

Sheriff Personal Injury Court

The Sheriff Personal Injury Court is a Scottish court with exclusive competence over claims relating to personal injury where the case is for a work-related accident claim in excess of £1,000, where the total amount claimed is in excess of £5,000, or where a sheriff in a local sheriff court remits proceedings to the Personal Injury Court. It has concurrent jurisdiction with the Court of Session for all claims in excess of £100,000, and concurrent jurisdiction with the local sheriff courts for personal injury claims within its competence.

Scottish Land Commission The Scottish Land Commission was established by the Scottish Parliament in 2016.

The Scottish Land Commission was established by the Scottish Government following the passage of the Land Reform (Scotland) Act 2016 by the Scottish Parliament; the Commission also incorporates the work of the Tenant Farming Commissioner. The Lands Commissioners, who constitute the Commission, have functions relating to land in Scotland, so that they address issues which relate to ownership of land, land rights, management of land, and use of land. The Tenant Farming Commissioner has the aim of improving the relationship between tenant farmers and land owners, and can create codes of practice, provide practical guidance, and must consult on such matters. The Tenant Farming Commissioner cannot be an agricultural landlord or agricultural tenant, and will develop codes of practice which are in addition to the law and the jurisdiction of the Scottish Land Court.

Sheriff Appeal Court

The Sheriff Appeal Court is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court. The Sheriff Appeal Court also hears appeals in civil cases from the sheriff courts, including the Sheriff Personal Injury Court.

Scottish Parliamentary Standards Commissioner Act 2002 United Kingdom legislation

The Scottish Parliamentary Standards Commissioner Act 2002 is legislation that introduced arrangements for complaints against any Member of the Scottish Parliament to be investigated independently. It established the Scottish Parliamentary Standards Commissioner, who was given powers to summon witnesses and compel evidence.

References

  1. Alderson, Reevel (7 February 2014). "Civil court reforms to speed Scottish justice". BBC News. Retrieved 8 January 2017.
  2. 1 2 "MSPs back reforms to 'inefficient and expensive' justice system". STV News. 7 October 2014. Retrieved 8 January 2017.
  3. Drummond, Alistair (25 May 2015). "Changing times for Scotland's courts". The Scotsman. Retrieved 8 January 2017.
  4. Webster, Shiela (23 February 2015). "One door closes and opportunities arise". The Scotsman. Retrieved 8 January 2017.