The New Civil Rules - Management and Modernisation

The Scottish Civil Justice Council has begun consulting on radical changes to procedure in ordinary actions in the Court of Session and the Sheriff Court.  Proposals include the unification of procedure in both courts, extensive case management rules, streamlined incidental procedures and the modernisation of civil court language.  The full consultation documents, including a worked example of the draft rules are available on the SCJC website and are worth reading in advance.  This talk will outline the context in which the proposals arise, the main changes being canvassed and the possible impact of the reforms on future civil procedure and practice.  We hope to stimulate discussion and debate on the benefits of the proposals for court practitioners.