Written Question · S4W-27483 · Session 4
For what reason the alleged victims in personal injury cases will have to pay more for access to the same service in a lower tier court tha…
The question
To ask the Scottish Government for what reason the alleged victims in personal injury cases will have to pay more for access to the same service in a lower tier court than was the case previously.
The answer
Before 22 September 2015, those raising a personal injury action for any amount could do so in a local sheriff court or, if the claim was for more than £5,000, in the Court of Session.
From 22 September 2015, there will be greater choice for those with personal injury claims. A personal injury claim for any amount can be raised in a local sheriff court. Claims below £100,000 cannot be raised in the Court of Session. A personal injury claim for more than £5,000 or more than £1,000 for workplace-related personal injury actions can be raised in the Sheriff Personal Injury Court. Workplace-related personal injury claims under £1,000 can be remitted to the Sheriff Personal Injury Court by a sheriff if the sheriff has certified that the importance or difficulty of the proceedings makes it appropriate to transfer them to that court.
Before 22 September 2015, court fees were provided for in the Sheriff Court Fees Amendment Order 2012 and the Court of Session etc. Fees Amendment Order 2012. After that date, they are those in the Sheriff Court Fees Order 2015 and the Court of Session etc. Fees Order 2015.
The court fees in the sheriff court and the Court of Session were raised on
22 September 2015 by a small initial increase of 2% as the Scottish Government’s policy is to move toward fees which reflect the full cost of the processes involved, with a well-targeted system of fee exemptions to protect access to justice. There is a further 2% increase for inflation (plus further increases for inflation on 1 April 2016 and 1 April 2017). The fees in the Sheriff Personal Injury Court have been set, in the main, at the same level as those in the Court of Session. This is because the Sheriff Personal Injury Court is a dedicated personal injury all-Scotland court with cases heard by sheriffs who are specialists in the personal injury field. In addition, this court makes available e-motions and jury trials.
Court fees represent only a small proportion of the cost of going to court and those claimants using the Sheriff Personal Injury Court rather than the Court of Session will have the potential for reducing their legal fees by using solicitors rather than counsel (advocates or solicitor advocates), in addition to solicitors, as is obligatory in the higher court. Sanction for counsel in the sheriff court is available according to the test set out in section 108 of the Courts Reform (Scotland) Act 2014 to ensure ‘equality of arms’ in the event the other party employs counsel.
From 22 September 2015, there will be greater choice for those with personal injury claims. A personal injury claim for any amount can be raised in a local sheriff court. Claims below £100,000 cannot be raised in the Court of Session. A personal injury claim for more than £5,000 or more than £1,000 for workplace-related personal injury actions can be raised in the Sheriff Personal Injury Court. Workplace-related personal injury claims under £1,000 can be remitted to the Sheriff Personal Injury Court by a sheriff if the sheriff has certified that the importance or difficulty of the proceedings makes it appropriate to transfer them to that court.
Before 22 September 2015, court fees were provided for in the Sheriff Court Fees Amendment Order 2012 and the Court of Session etc. Fees Amendment Order 2012. After that date, they are those in the Sheriff Court Fees Order 2015 and the Court of Session etc. Fees Order 2015.
The court fees in the sheriff court and the Court of Session were raised on
22 September 2015 by a small initial increase of 2% as the Scottish Government’s policy is to move toward fees which reflect the full cost of the processes involved, with a well-targeted system of fee exemptions to protect access to justice. There is a further 2% increase for inflation (plus further increases for inflation on 1 April 2016 and 1 April 2017). The fees in the Sheriff Personal Injury Court have been set, in the main, at the same level as those in the Court of Session. This is because the Sheriff Personal Injury Court is a dedicated personal injury all-Scotland court with cases heard by sheriffs who are specialists in the personal injury field. In addition, this court makes available e-motions and jury trials.
Court fees represent only a small proportion of the cost of going to court and those claimants using the Sheriff Personal Injury Court rather than the Court of Session will have the potential for reducing their legal fees by using solicitors rather than counsel (advocates or solicitor advocates), in addition to solicitors, as is obligatory in the higher court. Sanction for counsel in the sheriff court is available according to the test set out in section 108 of the Courts Reform (Scotland) Act 2014 to ensure ‘equality of arms’ in the event the other party employs counsel.
In the Official Report
No contribution in the Official Report cites S4W-27483 by reference.