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Request for information on which parties organisations and


									Request for information on which parties, organisations and individuals have
made representations to the Scottish Executive against the increase in the
financial limits of small claims and summary cause actions.

The information in the annex below was provided by way of response to this request. In
order to understand the context of this information the following explanation and
information was given.

The Scottish Executive is not only looking to increase the two limits referred to, but also
the Sheriff Court Privative Jurisdiction limit, which is fixed by section 7 of the Sheriff
Courts (Scotland) Act 1907, as amended by section 31 of the Sheriff Courts (Scotland)
Act 1971, and currently stands at £1,500, the same as the upper summary cause limit.
The Sheriff Court Privative Jurisdiction limit is the limit below which an action must be
raised in the sheriff court and in relation to which the Court of Session has no

Like the Scottish Executive, many parties, organisations and individuals are supportive of
an increase in these limits. The issue for most though who have made representations,
is just what this increase should be.

A number of those who have made representations are concerned at the impact any
increase will have on cases they have a particular interest in. By way of example, the
Three Equalities Groups, the Human Rights Commission, the Scottish Consumer Council,
Which? and some individuals, have expressed concerns about the impact an increase in
the small claims limit might have on cases where, in their view, it is preferable for legal
aid to be available and the expenses of legal representation recoverable. Amongst
them, they cite as examples, cases involving damages for discrimination under equalities
legislation, actions raised against housing authorities for recovery of costs and damages
relative to housing disrepair and damages for personal injury.           Others, including
solicitors and sheriffs argue that - as increasing the small claims and summary cause
limit will increase the number of cases in which there will be capped expenses and a limit
on recoverable costs, and as a consequence a restriction on the ability of litigants to
employ legal representation - that this in turn will have a long term effect on the
throughput of business in the sheriff courts. Others, again including the Scottish
Consumer Council, Which?, solicitors, individuals and Trade Union representatives argue
about their perceived restriction on the right of the individual to raise actions in the
Court of Session any increase in the small claims and privative jurisdiction limits will
have. Two sheriffs also expressed concern at the impact the raising of the three limits
might have on the cases currently going through the commercial courts, that are now
operating in Glasgow and Aberdeen.

From this it is clear that the issues are wide and varied and on occasion varying.

A consultation exercise was undertaken in 1998 by the then Scottish Courts
Administration. We have listed in the annex to this letter, those persons who made
representation in response to that consultation exercise (as this information was readily
available). Between 1999 and 2001 orders seeking to raise the three limits were laid
twice in Parliament. In the annex we list Parliamentary procedure, which might be of
interest and from which can be seen the representations made in that forum.

In addition, since 1998 we have received communications from the parties, organisations
and individuals also noted in the annex. We have not listed the names of the individuals
or of individual sheriffs. This information is exempt under section 38 (1)(b) of the
Freedom of Information (Scotland) Act 2002 as it constitutes personal data, and we
believe disclosure would contravene the 1st data protection principle which requires that
personal data should be processed fairly and lawfully.

        Respondents to the 1998 Consultation

        Sheriff Clerks Tayside, Central and Fife

        Faculty of Advocates

        Glasgow Bar Association

        Sheriffs Principal

        Sheriff Clerks Glasgow and Strathkelvin

        Scottish Legal aid Board

        National Union of Journalists

        Cowan Ervine, University of Dundee

        The Dean Faculty of Law, University of Aberdeen

        Sheriff Clerks Lothian and Borders

        Money Advice Scotland

        Sheriff Clerks Grampian, Highland and Islands

        Society of Messengers At Arms and Sheriff Officers

        Temporary Sheriff's Association

        Thompson's Solicitors Edinburgh

        Solicitor for Inland Revenue

        N T, Edinburgh

        Consumers Association

        Scottish Law Agents Society

        Sheriff N Morrison QC

        Allan McDougall & Co Solicitors Edinburgh

        Morton Fraser, Solicitors Edinburgh

        Simpson & Marwick, Solicitors Edinburgh

        Paul & Williamson, Solicitors

        Lord President

        Motor Accident Solicitors, Aberdeen

        Shelter Scottish Housing Law Service Edinburgh

        Cochrane, Sayer & Cook, Solicitors, Glasgow

        Inverclyde Consumer Protection and Trading Standards

        Grant Dewar Solicitors Glasgow

        Marshall, Henderson and Whtye Solicitors Edinburgh

        Drumchapel Law and money Advice Centre

        Sheriff A M Bell Edinburgh

        Scottish Trades Union Congress

        Fire Brigades union




        Graham S V Mariden Nairn CAB

        Lawford Kidd Solicitors Edinburgh


        Association of Personal Injury Lawyers


        The law Society of Scotland

        Royal Faculty of procurators in Glasgow

        Scottish Consumer Council

        Citizens Advice Scotland

        Scottish Sheriff Court Users Group

        The Sheriffs' Association

        Clydeside Action on Asbestos

        Society of solicitor Advocates

        Richard Mays, Robert Gordon University, Aberdeen.

        Scottish Legal Action Group
            Parliamentary Questions

4 July 2002           Bill Aitken MSP S1W - 26942

                      Annabelle Goldie MSP - S2W-
29 March 2004         6936

29 April 2004         Paul Martin MSP - S2O - 02154

6 October 2004        Mike Pringle S2O -03573

11 November
2004                  John H Robertson S20-03920)

16-Nov-04             Margaret Ewing - S2W-11814

28-Feb-05             Jim Mather - S2W-14051

4 March 2005          John H Robertson S2W-14141

20-Jul-05             Richard Lochhead - S2W-27032

19 January 2006       John H Robertson S20-08697

09-Jun-06             Alex Fergusson - S2W-26238

15-Jun-06             John H Robertson - S20-10199

27-Jul-06             Richard Lochhead – S2W-27032

                 Parliamentary Motions

October 2004        S2M-914 John Home Robertson MSP

25 June 2004        S2M- 1536 John Home Robertson MSP

                Parliamentary Petition

I November 2001          PE 416 GMB Union

                         Respondents to the Justice and Home
                                 Affairs Committee

?? February 2000         Scottish Consumer Council

19 February 2000         The law Society of Scotland

                         The Scottish Trade Union Congress

                         The Faculty of Advocates

                         PAIN Scotland
                    Scottish Council on Deafness

                    Clydeside Action on Asbestos

                    Grigor and Young

                    Govan Law Centre

                    Transport and Gneral Workers Union Scotland

                    Association of personal Injury Lawyers


                 Parliamentary Procedure

   14-Nov-01    Justice 2 Committee
                Laying of Draft Small Claim/Summary Cause Orders

        Categories of persons/bodies who have made

  Judiciary     13 March 2002           Sheriff Principal
                29 July 2003            Judge
                29 July 2003            Judge
                26-Jan-05               Sheriff
                27-Jan-05               Sheriff
                31-Jan-05               Sheriff
                01-Feb-05               Sheriff
                26 February 2000,
                7 May 2002, 28
                October 2002            Brian FitzPatrick MSP
                June 2003               John Home Robetson MSP
                June 2003               Jim Wallace MSP
                9 September 2003        John Swinney
                30 September 2003       Euan Robson MSP
                November 2003           MIke Pringle MSP
                23 June 2004            Andy Kerr MSP
                                        Brian Wilson MSP
                                        Andrew Welch MSP
                03-Nov-04               Des McNulty
                11 November 2004        Annabelle Goldie
                16-Nov-04               Patricia Ferguson
                19-Nov-04               Robert Brown
                10-Dec-04               Robert Brown
                22-Dec-04               Shona Robinson
                17-Jan-05               John Swinney
                03-Feb-05               Karen Whitefield
                10-Feb-05               Patricia Ferguson
                23-Feb-05               Tavish Scott
                29-Jul-05               Alex Fergusson
                19-Aug-05               Alex Fergusson
                29-Nov-05         Ted Brocklebank
                22-Dec-05         Karen Gillon
                11-May-06         Karen Gillon
                29-Jun-06         Jackie Baillie
                29-Jun-06         Shona Robison
                01-Jul-06         Charles Kennedy
                03-Nov-04         Des McNulty
                25-Nov-04         Mike Pringle
                23-May-06         Jackie Baillie
                01-Dec-01         Wendy Alexander
                01-Feb-02         Euan Robson
                Aug-02            Menzies Campbell
                10-Oct-02         Brian Fitzpatrick
                Nov-02            Malcolm Chisholm
                Dec-02            John H Robertson
                Mar 03            Brian Fitzpatrick
                30-Jun-03         John H Robertson
                Jul 03            Jim Wallace
                10-Oct-03         John Swinney
                                  Euan Robson
                28-Nov-03         Mike Pringle
                19-Jan-04         Brian Wilson
                19-Apr-04         Andy Kerr
                13-May-04         Andrew Welsh
                03-Aug-04         John Swinney
                Aug-04            Jim Wallace
Organisations August 2003         Federation of Insurance Lawyers
                10 October 2003   Federation of Insurance Lawyers
                June 2003         Scottish Court Service
                                  Association of Personal Injury
                August 2003       Lawyers
                4 October 2004    The Law Society of Scotland
                                  Department of Trade and Industry
                04-Nov-04         Motor Accident Solicitors Society

                20-Dec-04         Thompson's
                28-Jan-05         Scottish Court Service
                29-Mar-05         APIL's - Parliamentary Officer
                05-Apr-05         APIL's - Parliamentary Officer
                31-Oct-05         Digby Brown
                09-Nov-05         Thompson's
                18-Nov-05         Bonnar & Co
                28-Nov-05         FOIL

                11-Dec-01         Miller Samuel
                09-Jan-02         Assoc. of Personal Injury Lawyers
                12-Jun-03         Law Society of Scotland
Public Bodies
                September 2003    Forum of Private Business
                                  Edinburgh Academy
                                  Forum of Scottish Claims
                04-May-05         Managers
                October 2005      Forum of Scottish Claims
              09-Jun-06          Argyle & Bute Council

              Dec-01             Scottish Council on Deafness
              2003               Three Equalities Groups
              12-Jan-06          Commission for Racial Equality
              10 October 2003    Consumers Association
              August 2003        Scottish Consumer Council
                                 Society of Chief Officers of
              14 October 2003    Trading Standards in Scotland
              13 November 2003   Scottish Consumer Council
              12 February 2004   Consumers' Association
              23 June 2004       Perth CAB
                                 Citizen's Advice Scotland
              18 November 2004   Which?
              28 June 2006       Which?
              03-Dec-03          Which?
              21-Jan-04          Scottish Consumer Council
              07-Apr-06          Which?
              30-Sep-03          Consumers Association
                                 Society of Chief Officers of
              28-Oct-03          Trading Standards in Scotland
              12 June 2003       Scottish Trade Union Congress
              August 2003        Scottish Trade Union Congress
              13 April 2004      Scottish Trade Union Congress
              23 June 2004       Scottish Trade Union Congress
              29 October 2004    Scottish Fire Brigade Union
              23 November 2004   STUC
              30 November 2004   T & GWU
              24-Feb-05          Usdaw
              28-Feb-05          EETPU & AEEU
              07-Mar-05          T & GWU
              11-Mar-05          ASLEF
              14-Mar-05          Usdaw
              21-Mar-05          Unison
                                 T & GWU
              28-Mar-05          Fire Brigade Union
              11-Apr-05          East Ayrshire Unison
              24-Mar-05          TU-PLO
              07-Apr-05          TUS Reps
              23-Jan-06          AMICUS
              30-Jan-06          AMICUS
              31-Jul-03          STUC
              June 2003


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