Scottish Civil Courts Review

In 2007, the Right Honourable Lord Gill was asked to undertake a wide ranging review of the civil courts system in Scotland. The Report of the Civil Courts Review was published recently and the recommendations made have been welcomed by Dental Protection as likely to result in improved efficiency and a potential reduction in expenses in the event that a claim in raised against any of Dental Protection's increasing number of Scottish-based dentists.

The report recommends, for example, that cases worth less than £150,000 be removed from the Court of Session, Scotland's highest civil court. This recommendation would, if implemented, be of benefit to Dental Protection members based in Scotland, as it would prevent low value cases being raised in the Court of Session, with the resultant implications in relation to legal expenses.

Many of the other practical recommendations made in the report are also to be welcomed. For example, the review recommends the creation of a new specialist personal injury court, based at Edinburgh Sheriff Court, but having jurisdiction throughout Scotland, which would effectively allow Sheriffs (the judges in the Sheriff Courts) to specialise in this area of the law. Having Sheriffs who specialise in personal injury and clinical negligence matters can only be of benefit to all parties to an action in that it would result in the relevant issues being focussed upon at an early stage of the case.

Judicial case management, including the introduction of case management hearings, is also recommended which would result in the Court being more in control of the management of the case and the exchange of information and evidence, allowing early focus on the important factors. Additionally, the increased use of email communication and other IT facilities such as telephone and video-conferencing are also recommended to bring access to justice into the modern age.

If implemented, the recommendations will implement the use of modern methods of communication and case management, judicial specialisation and a tighter control on legal expenses, all of which will result in a speedier resolution of claims. This can only be of benefit to Dental Protection's Scottish members and patients alike.

Hugh Harvie, Head of Dental Services (Scotland) for Dental Protection, said:

"There is no doubt that the proposals made in Lord Gill's review of the Scottish civil courts system, will, if implemented, be of benefit to Dental Protection's increasing number of Scottish members. For too long, dentists have, in some instances, been effectively held to ransom when patients have raised relatively low value claims in the Court of Session. This has often resulted in the legal expenses of the action (which are paid by the defence organisation if the case is settled) far outweighing the value of the claim. Lord Gill's proposals will result in fairer access to justice for dentists and patients alike."

Media contact
David Croser
Dental Protection
33 Cavendish Square
London W1G 0PS
T 020 7399 1397 E david.croser@mps.org.uk