Update on Court Business as at 24th April 2020

24th April 2020

Following the introduction of remote teleconference hearings in the Court of Session this past week, Scottish Courts and Tribunals Service (SCTS) have announced that, 'Along with Sheriffs Principal and the Law Society of Scotland, we have also been assessing what civil business in the sheriff courts, beyond the urgent and necessary categories, can be carried out remotely where earlier resolution would be beneficial'.

SCTS 'believe that with the cooperation of the legal profession we can take some steps in ordinary and family actions and where applicable the commercial courts, adults with Incapacity applications and insolvency cases'.

Full guidance on the arrangements to extend business is being finalised and will be issued next week.

It looks likely that teleconference hearing will be used in some cases, with the notice providing that, 'Where cases have been adjourned, sisted ex proprio motu, or where adults with incapacity or insolvency cases have been previously registered, we intend to allow such cases to be progressed where there is a justifiable reason for earlier resolution, where agents can provide all documents digitally and where a hearing requiring substantial evidence is not required. Each application will be judicially assessed and where agreed these cases will proceed digitally, with tele conference hearing being used where necessary'. 

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