Update on Court Business as at 11 May 2020

12th May 2020

An update to Court of Session practice has been released today by Scottish Courts and Tribunals Service (SCTS) and can be found here

The  Guidance has effect from 11 May 2020 and will cease to have effect from 1 June 2020 unless extended. The guidance will be subject to ongoing review. The headlines are:

  • Most procedural hearings in the Outer House will proceed as scheduled. The preferred approach to conducting procedural hearings is by telephone conference call (teleconference). Hearings may proceed by way of written submissions with the agreement of the court. All parties will be contacted by a clerk of court to confirm the manner in which hearings will be conducted and make the necessary technical arrangements. All teleconference joining instructions and access codes will be provided by the clerk of court. The media will be provided with access to teleconference hearings on request and where call capacity permits.

  • All documents required for procedural hearings will require to be provided in electronic form. Where hard copy papers have already been lodged for procedural hearings that will call before 1 June parties will be required to provide electronic copies of those documents. Clerks of court will advise where electronic documents are required.

  • Appearance at remote hearings. Any party attending a court hearing by WebEx video or teleconference call is expected to maintain equivalent standards of behaviour as if they were attending the Court physically. Parties must ensure a quiet and secure space for their participation in the remote hearing.

  • As with other court proceedings, the recording of a court hearing conducted by video or teleconference call is not permitted without the consent of the Court.

  • Still no re-fixing of Proof diets. Work is underway to develop an approach to re-fixing business scheduled to call since 23 March that has had to be  cancelled. No fixing is able to recommence at the moment due to lack of staff resource.

Back to COVID-19