Written Question · S6W-39015 · Session 6
What its position is on whether the Scottish Civil Justice Council (SCJC) remains a competent body to review the rules governing legal expe…
The question
To ask the Scottish Government what its position is on whether the Scottish Civil Justice Council (SCJC) remains a competent body to review the rules governing legal expenses for Aarhus cases, in light of reports of the Aarhus Convention Compliance Committee (ACCC) granting admissibility to a complaint submitted by the Environmental Rights Centre for Scotland (ERCS) alleging that the SCJC breached the Convention's article 8 public participation requirements by failing to publicly consult on its review of court rules.
The answer
The Aarhus Convention Compliance Committee (ACCC) has indicated that communication ACCC/C/2025/216, which alleges a failure on the part of the Scottish Civil Justice Council to publicly consult on amendments to the rules governing Protective Expenses Orders contained in the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Protective Expenses Orders) 2024, has been found to be admissible on a preliminary basis. Further procedure is to be followed before a decision is taken on admissibility by the ACCC and it would be inappropriate to comment further at this stage.The Scottish Civil Justice Council was established under the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013. It is an independent statutory body with responsibility for preparing draft rules of procedure for the civil courts, and advises the Lord President on the development of the civil justice system in Scotland.The Scottish Government has every confidence in the work of the Scottish Civil Justice Council.
In the Official Report
No contribution in the Official Report cites S6W-39015 by reference.