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PE01427: Access to justice for non-corporate multi-party groups

Justice

Petitioner: Robert Kirkwood on behalf of Leith Links Residents' Association (LLRA)

Status:
Closed

Date Lodged: 17 May 2012

Calling on the Scottish Parliament to urge the Scottish Government to implement the Scottish Civil Courts Review recommendations on multi-party actions by making changes to existing protocols that will (1) encourage the Rules Council to use rule of court 2.2 for multi-party actions; (2) modify court fees to a single payment; (3) encourage the Rules Council to introduce a protocol on recovery of documents; (4) clarify the common law right of nuisance, and (5) introduce compulsory insurance.

Petition History:

Summary:

1 May 2012: The Committee took evidence from Rob Kirkwood, Professor Rob Jackson and Allan Smith, Leith Links Residents Association. The Committee agreed to write to the Scottish Government, the Lord President, the Court of Session Rules Council and the Scottish Law Commission. Link to Official Report 1 May 2012 (399KB pdf)

4 September 2012: The Committee agreed to refer the petition to the Justice Committee, under Rule 15.6.2, for further consideration of the issues raised in the petition. Link to Official Report 4 September 2012 (317KB pdf)

25 September 2012: The Justice Committee considered PE1427 by Robert Kirkwood on behalf of Leith Links Residents' Association on implementing the Scottish Civil Courts Review recommendations on multi-party actions by making changes to existing protocols that will (1) encourage the Rules Council to use rule of court 2.2 for multi-party actions; (2) modify court fees to a single payment; (3) encourage the Rules Council to introduce a protocol on recovery of documents; (4) clarify the common law right of nuisance; and (5) introduce compulsory insurance: to keep the petition open pending the introduction of primary legislation to implement Lord Gill's recommendations on multi-party actions. Link to Official Report 25 September 2012 (312KB pdf)

18 February 2014: The Justice Committee considered PE1427 by Robert Kirkwood on behalf of Leith Links Residents' Association on multi-party actions and agreed to keep the petition open and to write to the Scottish Government seeking an update on the timescale for its response to the Taylor Review of Expenses and Funding of Civil Litigation in Scotland.

4 November 2014: The Justice Committee agreed to write to the Scottish Government asking it to specifically include the petitioner in its consultation on its approach to matters that will be taken forward by primary legislation following Sheriff Principal Taylor's recommendations and to respond to the petitioners' concerns about the withholding of documents by private companies, and to keep the petition open until after the Scottish Government has developed its approach to this issue. Link to Official Report 4 November 2014

3 February 2015: The Justice Committee agreed to keep the petition open while awaiting the Scottish Government's proposals arising from its consultation on the Taylor Review. Link to Official Report 3 February 2015

21 April 2015: The Justice Committee agreed to draw the petitioner's attention to correspondence from the Scottish Government responding to his concerns and to close the petition. Link to Official Report 21 April 2015

Written Submissions:

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