New Scots courts open in biggest shake-up for over a century

The Criminal Sheriff Appeal Court and Sheriff Personal Injury Court have begun operating in Edinburgh as part of an overhaul of Scotland’s courts system.

The Lord Justice Clerk, Lord Carloway, speaking to mark the opening of the legal year, said the opening of the courts was “just one aspect of what will be, over time, a radical overhaul of our justice system”.

The reforms are among “the most visionary changes for the courts in more than a century”, according to Scottish Courts and Tribunals Service (SCTS) acting chief operations officer David Fraser.

Mr Fraser added: “The Sheriff Appeal Court is a new entity entirely, while jurisdiction has altered significantly through the creation of the All-Scotland Personal Injury Court. These are historic changes that will bring improvement across the justice system.”

The Criminal Sheriff Appeal Court will hear summary criminal appeals from Justice of the Peace and sheriff courts, while the Sheriff Personal Injury Court will provide a new central forum of expertise for personal injury cases.

The new courts were introduced on the recommendation of former Lord Justice Clerk Lord Gill.

Lord Carloway praised his predecessor’s work on court reform, saying: “The implementation of the reforms in this new legal year owes so much to his foresight, determination and leadership.

“Despite the reservations of some, the reforms will be part of a lasting legacy. We will ultimately be in his debt.”

Other changes include an extension to exclusive competence of all sheriff courts to actions with a value of up to £100,000; the introduction of a three-month time limit; a requirement for permission in judicial reviews and a requirement for permission to appeal to the UK Supreme Court.

Christine McLintock, president of the Law Society of Scotland (pictured right), said: “This is a momentous day for the Scottish court system.

“These reforms and introduction of new specialist courts are a key step in the courts’ modernisation programme and will help to ensure we have an effective and efficient justice system that works for those who need it.

“It will be essential that every effort is made to ensure that the transition of work to the new courts is as smooth as possible. Going forward it will be important to make sure that the changes are properly resourced during the period of transition and also to monitor the effect of the reforms to ensure that access to justice continues to improve.

“We are pleased the government listened to our concerns about the legal aid rates for the new sheriff appeal court and introduced interim regulations prior to today’s opening.

“We will continue to work with the government and the Scottish courts service to ensure that the new court can work as intended.”