Litigation updates for July and August 2018
Date:
21 August 2018
New Rules
Simple Procedure
A few minor amendments were made to the Simple Procedure Rules by the Act of Sederunt (Simple Procedure Rules Amendment) (Miscellaneous) 2018 came into force on 30 July. The rules make changes to time to pay applications and set out a new procedure for recall of decisions as well as making some other minor amendments.
This will not be the last we will see of changes to the Simple Procedure Rules as these do not take into account the responses to the Consultation by the Scottish Civil Justice Council on Simple Procedure Rules which closed on 31 May. The Scottish Civil Justice Council is also currently seeking responses to a questionnaire about on the experiences which party litigants have had of simple procedure which the University of Glasgow has been commissioned. Further changes can therefore be anticipated one the responses to the consultation and questionnaire have been analysed.
Solicitors' fees
The 1993 tables of fees which regulate the fees recoverable under awards of expenses in respect of work carried out by a party's solicitors have been amended again by the Act of Sederunt (Fees of Solicitors in the Court of Session, Sheriff Appeal Court and Sheriff Court (Amendment) 2018. The changes will apply in respect of work carried out on or after 24 September 2018.
Consultations
Family and Civil Partnership Actions in the sheriff court
The Scottish Civil Justice Council Consultation on the Case Management of Family and Civil Partnership Actions in the Sheriff Court closes on 22 August 2018. The consultation is looking for views on recommendations to improve how family and civil partnership actions are dealt with in the sheriff court, particularly in order to prevent undue delay in proceedings relating to the welfare of children.
Scottish Law Commission
Potentially of interest to litigators will be the joint Consultation on Insurable Interest of the Law Commission and The Scottish Law Commission. It is looking for comments on a draft Insurable Interest Bill which has a focus on life and life-related insurances. Comments on this are sought by Friday 14 September 2018.
Also current, for those interested in property litigation, are the discussion paper on Aspects of Leases: Termination which is open for comments until 14 September 2018 and the discussion paper on Section 53 of the Title Conditions (Scotland) Act 2003 (which regulates the rights of neighbouring owners to enforce real burdens in most developments which pre-date feudal abolition) which will close on 31 August 2018.
These consultations can be accessed via this link.
Current Bills
Scottish Parliament Government Bills
The Prescription (Scotland) Bill, which proposes various reforms to the operation of negative prescription, remains before the Parliament having completed stage 1 of the procedure for a Government Bill on 27 June 2018.
The Damages (Investment Returns and Periodical Payments) (Scotland) Bill, which was introduced on 14 June 2018 is currently at stage 1. A call for evidence by the Bill's lead committee, the Economy, Jobs and Fair Work Committee, is open until Friday 7 September 2018.
Scottish Parliament Members Bills
The consultation period on the Proposed Recovery of Medical Costs of Industrial Disease (Scotland) Bill closed on 22 June 2018. Once the analysis of responses is complete, final proposal will need to secure adequate support before a Member's Bill can be introduced into Parliament.
