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MOTION PROCEDURE IN THE COURT OF SESSION

CONSULTATION ON PROPOSED CHANGES

A pilot scheme trialling a new process for the enrolment of motions has been running in the Court of Session since February 2007.

The new scheme, designed in collaboration with some Court of Session practitioners, was designed to remove wasteful steps from the existing arrangements and to result in unstarred motions being determined more promptly than at present.

Under the scheme, the timeline affecting motions is altered. At present, a motion is intimated on day 1, enrolled on day 3, opposed, if appropriate, on day 4, and disposed of on day 5 (so that, for illustration, a motion intimated on a Monday is dealt with on a Friday). The new timeline will be: intimation on day 1, opposition to be intimated by day 3 and, if unopposed, determined on day 4. Opposed motions continue to be dealt with on day 5.

The purpose of this notice is not to provide detailed information on the new scheme, but to afford practitioners the opportunity to comment upon a particular aspect of it.

One of the inefficiencies of the current arrangements is the delay in obtaining a copy interlocutor after a case has been dealt with. There are also difficulties associated with enrolling/lodging motions in hard copy. To address these issues, the pilot scheme enabled motions to be enrolled and intimated by e-mail. The scheme also involves sending out copy interlocutors by e-mail immediately upon the motion being determined.

The pilot scheme has been found to work very effectively. The firms involved in the pilot are Biggart Baillie (Dick Frew), Brodies (Charles Livingston), Digby Brown (Ishbel McLaren), Simpson + Marwick (Mike Wood), Thompsons (Lindsay Houghton).

When consulting the participating firms about extending the scheme, an issue arose about the use of e-mail. It was suggested that the enrolment of motions by e-mail should be made mandatory for professional court users. Views are sought on whether this would present any practical problems for Court of Session practitioners. The format that is being used is 'Word' for the motion and any supporting documents. 'Adobe' and 'PDF' are also acceptable formats and, where signature is required, a scanned signature is acceptable. It is not proposed to make the use of e-mail mandatory for non-professional court users at this stage.

Please send any views to sbrodie@scotcourts.gov.uk by Friday 18th January 2008. Further information on the content of the new scheme will be provided in advance of any implementation.