Register to receive email news alerts, daily digest, weekly roundup or Topic newsletters.
Listen
Elaine Samuel, School of Social and Political Studies, University of Edinburgh ISBN 978 0 7559 6508 3 This document is also available in pdf format (1.5MB)
ACKNOWLEDGEMENTS
EXECUTIVE SUMMARY
PART I INTRODUCTION
CHAPTER 1 THE RESEARCH IN CONTEXT Policy Background The Court of Session and Personal Injury Actions The Working Party on Court of Session Procedure Chapter 43 and its provisions Personal Injury Users Group
CHAPTER 2 RESEARCH AIMS, DATA AND METHODS Research Aims Introduction Evaluation: key objectives of procedural reform Monitoring Making recommendations for further review Data and Methods Administrative data Reducing delay Bringing forward settlement Interviews with court practitioners Consultation with Lords Ordinary
PART II EVALUATING CHAPTER 43: QUANTITATIVE ANALYSES
CHAPTER 3 USE AND USERS OF CHAPTER 43 Volume of business Cases Defended actions Transfer to the Ordinary Roll Firms: Pursuers, defenders and multiple defenders
CHAPTER 4 ADDRESSING DELAY: THE PROGRESS OF PERSONAL INJURY ACTIONS THROUGH THE COURT OF SESSION Introduction Comparing two samples State of Play (7 April 2006) Duration of proceedings Measuring delay From signet to final disposal From lodging of defences to final disposal From signeting to lodging defences From signeting to lodging defences: The Impact of sists on the post-implementation sample From lodging defences to interlocutor allowing further procedure Case trajectories to first diet of proof Procedural stages and delay
CHAPTER 5 BRINGING FORWARD THE DAY OF SETTLEMENT Research aim and evidential requirements Proof diets and final disposal Monitoring the post-implementation sample Monitoring in the Court of Session Observation in Parliament House Monitoring settlement in the post-implementation era: Case type and intimation of settlement
CHAPTER 6 IMPACT ON COURT BUSINESS Introduction Procedural Innovations and the By Order Roll Procedure Roll Procedural stages prior to final disposal Motions Discharging and reallocating proof diets under Chapter 43 Assessing the impact of Chapter 43
PART III MONITORING PROCEDURE: QUALITATIVE ANALYSES
CHAPTER 7 SIMPLIFYING PROCEDURE Introduction Chapter 43 Practitioners and Abbreviated Pleadings Appointment to the Procedure Roll Transferring to the Ordinary Roll Abbreviated pleadings and jury trials Abbreviated pleadings and the on the conduct of proofs
CHAPTER 8 INNOVATING PROCEDURE Introduction Chapter 43 Statement of Valuation Concept and reality Vouching Timing Sanctions The Pre-trial Meeting Conducting Pre-trial Meetings Lodging lists of witnesses and productions Timing Lodging the Joint Minute Guidance and the Pre-trial Meeting Arranging Pre-trial Meetings Attending Pre-trial Meetings Parties Legal representatives Evaluating the Pre-trial Meeting: Achieving goals Mirroring Tuesday morning? Cases and preparation Cases and multiple defenders Practitioners Participants Pursuers and defenders Solicitors and counsel
CHAPTER 9 MANAGING PROCEDURE Introduction Chapter 43 Changes to the existing timetable Taking control: Allocating proof diets Taking control: Generating a timetable Taking control: Time-limited sists Taking control: Varying the timetable Taking control: Failure to comply with the timetable Taking control: A need for judicial case management? Out of control: Actions transferred to the Ordinary Roll
CHAPTER 10 IN THE PUBLIC INTEREST Introduction Pursuers and procedural justice Defenders and the public interest Expert witnesses Costs
PART IV CONCLUSION
CHAPTER 11 SUMMARY AND EMERGING ISSUES Use and users: Chapter 43 and the Court of Session Addressing delay Bringing forward settlement Impact on court business Simplifying procedure Innovating procedure Managing procedure In the public interest: justice, costs and the Sheriff Court Implementing new procedure
BIBLIOGRAPHY
Appendix I Court of Session Chapter 43:Appendix II Chapter 43: Flowchart of timetableAppendix III Consultation with Lords OrdinaryAppendix IV Defended Actions: Proceedings (in weeks) by case typeAppendix V Defended Actions: Proceedings (in weeks) by state of play
The views expressed in this report are those of the researcher and do not necessarily represent those of the Department or Scottish Ministers.
Further copies of this report are available priced £5.00. Cheques should be made payable to Blackwell's Bookshop and addressed to:
Page updated: Friday, March 30, 2007