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Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Civil Justice - Civil Courts and Tribunals (republished)
Author: Abigail Bremner
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Published: Thursday 11 May 2017 (SB 17/30)
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Overview
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Overview
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What this briefing is about
Useful definitions
What is civil justice?
The civil courts are being reformed
How devolution affects the civil courts
Who's who in Scotland's civil court system
The role of the Lord President
The role of the Lord Justice Clerk
The role of the Scottish Civil Justice Council
The sheriff courts
Who's who in the sheriff courts
Summary sheriffs are likely to increase in number
Reforms enable sheriffs and summary sheriffs to specialise
The Sheriff Personal Injury Court
How the courts handle personal injury claims
How appeals are heard in the sheriff court system
The Sheriff Appeal Court
Who's who in the Sheriff Appeal Court
How the appeals process from the Sheriff Appeal Court works
The Court of Session
How the Court of Session is organised
Who's who in the Court of Session
How appeals from the Court of Session work
UK Supreme Court
Court of Justice of the European Union
How the ECJ works
Brexit's impact on the status of ECJ judgments
The European Court of Human Rights
How human rights are enforced
Devolution requires the Scottish Parliament and Scottish Government to respect human rights
Tribunals and specialist courts
How tribunals work
Devolved tribunals
Reserved tribunals
Specialist courts
Sources
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Bremner, A. (2016, December 7). Civil Justice - Going to Court. Retrieved from
http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-99_Civil_Justice-_Going_to_Court.pdf
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Scottish Courts and Tribunals Service. (n.d.) Home page. Retrieved from
https://www.scotcourts.gov.uk/home
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Scottish Courts and Tribunals Service. (n.d.) Scottish civil courts reform. Retrieved from
http://www.scotcourts.gov.uk/about-the-scottish-court-service/the-scottish-civil-courts-reform
[accessed 9 May 2017]
Supreme Court. (n.d.) Home page. Retrieved from
https://www.supremecourt.uk/
[accessed 9 May 2017]
Her Majesty's Courts and Tribunals Service. (n.d.) About us. Retrieved from
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about
[accessed 9 May 2017]
Scottish Civil Justice Council. (n.d.) Home page. Retrieved from
http://www.scottishciviljusticecouncil.gov.uk/home
[accessed 9 May 2017]
Scottish Courts and Tribunals Service. (n.d.) Scottish Courts and Tribunals Service locations. Retrieved from
http://www.scotcourts.gov.uk/docs/default-source/artwork-and-diagrams/sheriffdoms-locations-2011-fully-resizeable-size-a4-version-xxx.pdf?sfvrsn=4
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Scottish Courts and Tribunals Service. (n.d.) About sheriff courts. Retrieved from
http://www.scotcourts.gov.uk/the-courts/sheriff-court/about-sheriff-courts
[accessed 9 May 2017]
Judiciary of Scotland. (n.d.) Summary sheriffs. Retrieved from
http://www.scotland-judiciary.org.uk/39/0/Summary-Sheriffs
[accessed 9 May 2017]
Judiciary of Scotland. (n.d.) Sheriffs. Retrieved from
http://www.scotland-judiciary.org.uk/39/0/Summary-Sheriffs
[accessed 9 May 2017]
Scottish Courts and Tribunals Service. (n.d.) All-Scotland Sheriff Personal Injury Court. Retrieved from
http://www.scotcourts.gov.uk/the-courts/sheriff-court/personal-injury-court
[accessed 9 May 2017]
Scottish Courts and Tribunals Service. (n.d.) Sheriff Appeal Court - civil. Retrieved from
http://www.scotcourts.gov.uk/the-courts/sheriff-appeal-court/sheriff-appeal-court--civil
[accessed 9 May 2017]
Judiciary of Scotland. (n.d.) Appeal Sheriffs. Retrieved from
http://www.scotland-judiciary.org.uk/70/0/Appeal-Sheriffs
[accessed 9 May 2017]
Harvie-Clark, S. (2016, July 8). Judicial Review. Retrieved from
http://www.parliament.scot/parliamentarybusiness/100350.aspx
[accessed 9 May 2017]
Judiciary of Scotland. (n.d.) Senators of the College of Justice. Retrieved from
http://www.scotland-judiciary.org.uk/34/0/Senators-of-the-College-of-Justice
[accessed 9 May 2017]
European Union. (n.d.) Court of Justice of the European Union. Retrieved from
https://europa.eu/european-union/about-eu/institutions-bodies/court-justice_en
[accessed 9 May 2017]
UK Government. (2017, March 30). Legislating for the United Kingdom's withdrawal from the European Union. Retrieved from
https://www.gov.uk/government/publications/the-great-repeal-bill-white-paper/legislating-for-the-united-kingdoms-withdrawal-from-the-european-union#contents
[accessed 9 May 2017]
McIver, I. (2017, April 27). The White Paper on the Great Repeal Bill - Impact on Scotland. Retrieved from
https://digitalpublications.parliament.scot/ResearchBriefings/Report/2017/4/27/The-White-Paper-on-the-Great-Repeal-Bill---Impact-on-Scotland#European-Court-of-Justice-Jurisdiction-and-Case-Law-following-Brexit
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European Court of Human Rights. (n.d.) Home page. Retrieved from
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Council of Europe. (n.d.) Home page. Retrieved from
http://www.coe.int/en/web/portal/home
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Council of Europe. (n.d.) European Convention on Human Rights. Retrieved from
http://www.echr.coe.int/Documents/Convention_ENG.pdf
[accessed 9 May 2017]
Mental Health Tribunal for Scotland. (n.d.) Home page. Retrieved from
https://www.mhtscotland.gov.uk/mhts/Home/Welcome_to_the_Mental_Health_Tribunal
[accessed 9 May 2017]
Additional Support Needs Tribunals for Scotland. (n.d.) Home page. Retrieved from
https://www.asntscotland.gov.uk/
[accessed 9 May 2017]
Scottish Charity Appeals Panel. (n.d.) Home page. Retrieved from
http://www.scap.gov.uk/index.html
[accessed 9 May 2017]
Her Majesty's Courts and Tribunals Service. (n.d.) Employment tribunal. Retrieved from
https://www.gov.uk/courts-tribunals/employment-tribunal
[accessed 9 May 2017]
Her Majesty's Courts and Tribunals Service. (n.d.) First-tier Tribunal (Social Security and Child Support). Retrieved from
https://www.gov.uk/courts-tribunals/first-tier-tribunal-social-security-and-child-support
[accessed 9 May 2017]
Her Majesty's Courts and Tribunals Service. (n.d.) First-tier Tribunal (Immigration and Asylum). Retrieved from
https://www.gov.uk/courts-tribunals/first-tier-tribunal-immigration-and-asylum
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The Court of the Lord Lyon. (n.d.) Home page. Retrieved from
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[accessed 9 May 2017]
Scottish Land Court. (n.d.) Home page. Retrieved from
http://www.scottish-land-court.org.uk/
[accessed 9 May 2017]
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