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| Version 3 | Version 4 |
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| MSPs pass major civil justice reform | MSPs pass major civil justice reform |
| (about 17 hours later) | |
| Parliament has unanimously passed major reforms to Scotland's civil justice system, after the service was deemed to be slow, inefficient and expensive. | Parliament has unanimously passed major reforms to Scotland's civil justice system, after the service was deemed to be slow, inefficient and expensive. |
| The government's Courts Reform Bill will see sheriff courts take on many more cases. | The government's Courts Reform Bill will see sheriff courts take on many more cases. |
| That will allow Scotland's top civil court - the Court of Session - to deal with the most serious ones. | 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. | 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. | 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. |
| "This is a hugely important step forward in making Scotland's civil justice system more accessible, affordable and efficient for those people who need to resolve civil disputes," he said. | |
| 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. |
| 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, which will reform a system largely unchanged since Victorian times, also includes measures to: | The bill, which will reform a system largely unchanged since Victorian times, also includes measures to: |
| 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. |
| 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, which represents lawyers, described the legislation as a "major step forward", but expressed concern over a three-month time limit for bringing judicial review applications. | |
| Time limit | Time limit |
| Kim Leslie, convener to the Law Society of Scotland's civil justice committee, said: "We still have serious concerns that a three month time limit to bring a judicial review application is unduly restrictive. | |
| "Together with the requirement for permission to bring an action from the Court of Session, and the need to prove to the court that the application has a real prospect of success, this is in our view too high a test and will seriously reduce access to justice." | |
| 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 call was made by the Clydeside Action on Asbestos charity, which supports those suffering from conditions like mesothelioma. | 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. |
| 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. | 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. |