The Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Company Insolvency Rules Amendment)(Insolvency) 2019 makes tidying up amendments to the court rules on corporate insolvency. These include adding details about what must be contained in an application under section 176A of the Insolvency Act 1986 and extending the situations where the sheriff clerk must send certified copies of the interlocutors appointing a liquidator to the liquidator. These came into force on 16 August 2019.
The report by Scottish Mediation Network on Bringing Mediation into the Mainstream in Civil Justice in Scotland published at the end of June, contains a number of proposals aimed at increasing awareness and use of mediation.
Scottish Civil Justice Council
The Scottish Civil Justice Council published its Annual Report for 2018/2019 and Annual Programme for 2019/2020 on 7 August 2019. Its plans for 2019/2020 include that the latest changes to the Simple Procedure Rules will be in place by autumn 2019 with the Simple Procedure (Special Claims) Rules to follow. Rule changes arising from the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 are high priority for 2018/2019. Work on a pre-action protocol for disease cases has been approved with an accompanying fee structure to be developed and work has been restarted on a pre-action protocol for clinical negligence cases. The Rules Rewrite Project has been paused until January 2020.
Scottish Law Commission
The Scottish Law Commission has two current open consultations. The Discussion Paper on Heritable Securities: Pre-default is to be followed by a paper on post-default in late 2020. Its Discussion Paper on Building families through surrogacy: a new law is a joint consultation with The Law Commission for England and Wales.