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MSPs to set approve civil justice shake-up MSPs pass major civil justice reform
(about 2 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. Parliament has unanimously passed major reforms to Scotland's civil justice system, after the service was deemed to be slow, inefficient and expensive.
Ministers brought forward their Courts Reform Bill after a review concluded the service was slow, inefficient and expensive. The government's Courts Reform Bill will see sheriff courts take on many more cases.
The changes have won broad backing from opposition parties. That will allow Scotland's top civil court - the Court of Session - to deal with the most serious ones.
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.
And campaigners for people with asbestos-related illnesses also said the reforms could hit those they represent.
However, Scottish Justice Secretary Kenny MacAskill said the bill - passed unanimously by MSPs - was an "important milestone" in court reform, to ensure the system was fit for the 21st century.
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.
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, which will reform a system largely unchanged since Victorian times, 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.
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
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.
The Law Society of Scotland expressed concern over a three-month time limit for bringing judicial review applications.
Time limit
The society, which represents lawyers, argued the limit could "significantly reduce access to justice" because of the difficulty community groups and others faced in securing funding in time.
Elsewhere, a bid to guarantee all future asbestos-related injury cases were heard by the Court of Session was rejected by MSPs.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 call was made by the Clydeside Action on Asbestos charity, which supports those suffering from conditions like mesothelioma.
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.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 Mr MacAskill cited expert evidence that complex asbestos-related cases would be sent to the Court of Session, while cases being heard in sheriff courts could still be deemed worthy of representation by advocates.
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.