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Civil procedure: Can the Scots learn from Woolf?

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Conclusion

So can the Scots learn from Woolf? The answer must be in the affirmative, for his review points up similar problems to those we encounter here. There is no room for complacency in the civil justice system in Scotland, particularly in the field of Information Technology, where court systems and expertise are sadly lacking. It is clear that there is a need for a system of case management in all civil courts, targeted in particular areas or on particular cases, but only after a rigorous reappraisal of court timetabling; and that the public will lose confidence in a civil justice system which does not meet their needs for speedy and affordable decisions, perhaps by turning their backs on it and seeking means of Alternative Dispute Resolution. As for written pleadings, perhaps the most that can be said is that the case for their complete abolition is “not proven”, but that thestatus quo should not be maintained is beyond reasonable doubt.

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References

  1. Lord Gill, at an address to the Annual Conference of the Law Society of Scotland in 1995. The full text of the address is to be found in “The Case for a Civil Justic Review”,Journal of the Law Society of Scotland 40 (1995), 129–133.

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  2. Act of Sederunt (Rules of the Court of Session 1994 Amendment No. 1 (Commercial Actions) 1994), S.I. 1994/2310.

  3. The Ordinary Causes Rules 1993, now contained in the first schedule to the Sheriff Courts (Scotland) Act 1907.

  4. See Lord Diplock inGibson v.British Callenders' Construction Co. 1973 S.C. (HL) 15.

  5. The Hon. Lord Cullen,Review of the Business of the Outer House of the Court of Session (Edinburgh: The Court Administration, December 1995).

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  6. Supra n. 6, at para. 4.16.

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  7. Supra n. 6,, at paras. 4.9 to 4.15.

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  8. Children (Scotland) Act 1995, s.11(7).

  9. Ordinary Cause Rules 1993, as amended, rule 33.22A.

  10. See generally: Cullen report,supra n.6, at Chapter 6. Lord Cullen,Review of the Business of the Outer House of the Court of Session (Edinburgh: The Court Administration, December 1995).

  11. Ordinary Cause Rules 1993, rule 9.12.

  12. Supra n. 12 Ordinary Cause Rules 1993, rule 9.12 at rule 9.12(3)(c).

  13. Cullen Report,supra n.6,Review of the Business of the Outer House of the Court of Session (Edinburgh: The Court Administration, December 1995) at Chapter 10.

  14. See generally P. Clarke, “Information Technology and the Scottish Courts”,Journal of the Law Society of Scotland 40 (1995), 432–433.

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Authors
  1. Charles N. Stoddart
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Sheriff of Lothian and Borders at Edinburgh; Member, Sheriff Court Rules Council.

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Stoddart, C.N. Civil procedure: Can the Scots learn from Woolf?. Liverpool Law Rev 19, 53–65 (1997). https://doi.org/10.1007/BF02810632

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