This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-scotland-scotland-politics-29509412
The article has changed 5 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| MSPs to set approve civil justice shake-up | MSPs to set approve civil justice shake-up |
| (about 5 hours later) | |
| Major reforms to Scotland's civil courts are expected to be passed by MSPs, despite concern the changes may restrict access to justice. | Major reforms to Scotland's civil courts are expected to be passed by MSPs, despite concern the changes may restrict access to justice. |
| Ministers brought forward their Courts Reform Bill after a review concluded the service was slow, inefficient and expensive. | Ministers brought forward their Courts Reform Bill after a review concluded the service was slow, inefficient and expensive. |
| The changes have won broad backing from opposition parties. | The changes have won broad backing from opposition parties. |
| But, sections of the legal profession said the legislation may make it more difficult for people to bring cases. | But, sections of the legal profession said the legislation may make it more difficult for people to bring cases. |
| The government brought its bill forward in the wake of a review by senior judge Lord Gill, who said the current civil justice system was failing to deliver. | The government brought its bill forward in the wake of a review by senior judge Lord Gill, who said the current civil justice system was failing to deliver. |
| The reforms will see Scotland's top civil court - the Court of Session - freed up to deal with the most complex and serious cases by increasing the number which are heard in sheriff courts. | The reforms will see Scotland's top civil court - the Court of Session - freed up to deal with the most complex and serious cases by increasing the number which are heard in sheriff courts. |
| Ministers originally increased the financial threshold for sheriffs hearing cases from £5,000 to £150,000, although the limit was later cut to £100,000, following concerns it had been set too high. | Ministers originally increased the financial threshold for sheriffs hearing cases from £5,000 to £150,000, although the limit was later cut to £100,000, following concerns it had been set too high. |
| The bill also includes measures to: | The bill also includes measures to: |
| Scotland's opposition political parties have given support in principle to reforming civil law - largely unchanged since Victorian times - but have asked for assurances that the correct resources have been put in place. | Scotland's opposition political parties have given support in principle to reforming civil law - largely unchanged since Victorian times - but have asked for assurances that the correct resources have been put in place. |
| Ministers said they believed there was sufficient capacity in the sheriff court system to deal with the expected transfer of around 2,700 cases from the Court of Session. | Ministers said they believed there was sufficient capacity in the sheriff court system to deal with the expected transfer of around 2,700 cases from the Court of Session. |
| However, the Faculty of Advocates said the reduction in the sheriff court threshold limit from £150,000 to £100,000 would make little difference. | However, the Faculty of Advocates said the reduction in the sheriff court threshold limit from £150,000 to £100,000 would make little difference. |
| Time limit | Time limit |
| As a consequence, the faculty said the bill would make it difficult for people bringing personal injury claims to benefit from the representation which advocates currently provided in the Court of Session. | As a consequence, the faculty said the bill would make it difficult for people bringing personal injury claims to benefit from the representation which advocates currently provided in the Court of Session. |
| Elsewhere, a bid to guarantee all future asbestos-related injury cases were heard by the Court of Session was rejected by MSPs. | |
| The Clydeside Action on Asbestos charity, which supports those suffering from conditions like mesothelioma, asked ministers for an exemption which would allow asbestos-related claims to continue to he heard at the Court of Session. | |
| The move, put forward in a Labour amendment, was defeated by 81 votes to 31, prompting an angry reaction from asbestos campaigners in the Scottish Parliament's public gallery. | |
| Asbestos claim | |
| Justice Secretary Kenny MacAskill cited expert evidence that complex asbestos-related cases would be remitted to the Court of Session, while cases could still be deemed worthy of representation by advocates, even if they were being heard in sheriff courts. | |
| MSPs also voted down Labour and Liberal Democrat amendments to increase a new three-month time limit for bringing judicial review applications. | |
| The Law Society of Scotland, which represents lawyers, argued the three-month period could "significantly reduce access to justice" because of the difficulty community groups and others faced in securing funding in time. | |
| The final debate and vote on the Courts Reform Bill can be watched live, or later on demand, at BBC Scotland's Democracy Live website. |