Lord Carloway retired as Lord President on February 3, 2025, after a decade marked by efforts to modernize Scotland’s civil legal system. His successor, Lord Pentland, appears to be taking a different approach with shifting priorities.
One of the significant initiatives under Lord Carloway was the “rules rewrite project,” which aimed to expand case management powers in Scottish courts beyond their current scope. The proposed changes would apply uniform rules in both Sheriff Court and Court of Session litigation and promote judicial continuity by having the same judge oversee a case from start to finish. The project also seeks to encourage alternative dispute resolution methods and allow for summary disposal of cases lacking prospects of success.
The project gained momentum during Lord Carloway’s tenure with publications like “The New Civil Procedure Rules – First Report” in May 2017 and “The New Civil Procedure Rules – Second Report: The Procedural Narrative” in August 2022. However, it has stalled recently and remains incomplete.
Minutes from a Scottish Civil Justice Council strategy day on March 31, 2025, indicate that the rules rewrite project is not currently prioritized. Instead, there seems to be an emphasis on pausing further radical reforms and reassessing certain aspects of the justice system.
Clyde & Co specializes in handling Scottish injury claims and monitors developments closely. For more information or inquiries about this topic, readers are encouraged to contact Angus Gillies or members of Clyde & Co’s Scottish Catastrophic Injury and Large Loss team.
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