Personal injury law shake-up plan
Personal injury (PI) actions in Scotland could be resolved much more quickly following the publication of a long-awaited review into the Scottish courts.
The Gill report recommends that claimants have access to specialised personal injury sheriffs, and urges the establishment of an all Scotland personal injury court in Edinburgh.
It focuses on settling matters outside the courts if possible, by promoting mediation and other types of alternative dispute resolution, and making the pre-action protocol for PI cases compulsory.
But where it is necessary to go to court, the reforms would change the system so cases receive a full hearing with minimal delay, and without the problem of possible cancellations due to lack of court time.
A by-product of the reforms, which aim to make court actions quicker and easier for all parties, would be increased specialisation for solicitors within the personal injury market.
The new sheriff court rules are based on those used in the Court of Session and would cut judicial oversight by making the parties' solicitors more responsible for progressing cases.
The Justice Minister in the Scottish Government has been presented with the report and is considering how to proceed.