Scottish Courts Coming Back To Life

It feels like a lifetime ago since the Sheriff Courts were accepting new instructions and dealing with live actions.  Thankfully though, they appear ready to spring back into life.

Guidance was issued at the end of last week on this matter.  That guidance comes into play tomorrow.  There is now an ability for parties to restart any live actions which are currently sisted or paused at Sheriff Court level.  Parties require to prepare and submit an Application to Restart each case, which Application requires to have been intimated to your opponent prior to lodging with Court.

These Applications are not a fait accompli.  They require to be considered and either granted or refused by a Sheriff.  There are three hurdles which must be overcome;

• There must be a justifiable reason for the case to be restarted/resolved at this time;
• The Sheriff must be provided with all documents digitally;
• A Hearing requiring the Hearing of substantial evidence will not be required in the case.

This is promising. It is a start in returning to normal business.  The proof will be in the pudding however.  It remains to be seen what view Sheriffs will take with regards to these Applications; will they welcome them and recall the majority of cases?  Or will they restart only the most urgent matters (whatever that means)?

Watch this space. My team and I are currently drafting a number of Applications to Restart. I will let you know how we get on with them next week.

The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.