Report to the People
24th April 2006

Civil Justice

If you’ve ever been involved in a civil court case, you know it’s an expensive, uncertain and stressful exercise.

Thankfully, the vast majority of disputes are resolved without lawyers - and only a fraction of the cases where legal advice is sought ever make it to a full court hearing.

Still, the fact remains that some disputes, whether because of a disagreement over the facts, or the distance between the two parties’ positions, can’t be resolved without recourse to the courts.  And, given what’s at stake, it’s important that, when called into action, they deliver a high quality service.

Sadly, though, research suggests that many people feel alienated from and may lack confidence in the civil courts.  Thursday, therefore, saw Holyrood debating how we reform and modernise the civil justice system.

This is something to which the Executive has committed itself and, to be fair, some progress has been made.  There is now a Commercial Court at Glasgow Sheriff Court and dedicated tribunals for mental health and additional support for learning.  Further, the new Legal Profession and Legal Aid Bill will reform publicly funded legal assistance and set up an independent Legal Complaints Commission. 

While, though, we are moving in the right direction, there is still some way to go and the process of reform is set to continue.  We might hope we’ll never need it, but we have a right to be confident that, if things do go wrong, we will have access to justice worthy of the name.

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