Compiled by Megan Dewart for the Lord President, Lord Carloway
Think the courts only deal with criminal cases? Think again!
The Scottish Courts and Tribunals Service (SCTS) is responsible for the provision of courts, staff and judges in many locations across Scotland. A big part of the work of SCTS is
dealing with criminal cases. But the courts are also there to determine important matters which affect individuals, families, and businesses throughout their lives.
SCTS is a public service, which is provided by the Government for the benefit of its citizens. It is important that the services provided by SCTS are accessible to those who need
them. Court decisions must not only be of high quality, they must also be delivered quickly and efficiently, and at a cost which is affordable to the system and to the citizen.
Different courts deal with different sorts of cases. Within each court, there are different procedures, or chambers, which deal with different categories of case. The court
procedure is designed to fit the needs of different types of dispute.
Can you work out which court/courts might be able to deal with the case or problem in the following real-life examples?
Question
Mrs Adams wants to return to work after having her daughter, Bella. Her employer, Cairns, has written to her to advise that her job is no longer available. They intend to
replace her with a male member of staff who has not had any parental leave.
Question
Mrs Adams has recently purchased a bottle prepping machine, designed to heat Bella’s bottles to the correct temperature instantly. The machine malfunctions, and pours
boiling water on to her hand. Mrs Adams wants compensation for her injuries.
Question
Mr Adams’ elderly aunt, Hyacinth, has recently passed away. Mr Adams is her executor. He needs to distribute her estate according to her will.
Question
In the process of sorting through Aunt Hyacinth’s belongings, Mrs Adams discovers a hand written letter, signed by Hyacinth and dated three weeks
before her death. The letter states that her wish is that her whole estate goes to an animal charity.
Question
Mr and Mrs Adams have booked a family holiday to a villa in Tenerife. They saw the advertisement online, and the development looked perfect for
their family. They arrived to find that the development is only half finished, is dirty and has no air-conditioning, contrary to the advertisement.
Question
Bella is now 5 years old. She has additional learning and support needs. Mr and Mrs Adams want her to go to a school which can cater better for
her learning needs, but which is out with the local area. The local authority refuses to make provision for Bella to attend the school.
Question
Mrs Adams is involved in campaign work on behalf of a local children’s charity. The charity is concerned about new Government legislation, which
provides that all girls of school age must attend mandatory dance classes, and all boys of the same age must attend football training. Bella wants to go to football training.
Question
Mrs Adams’ grandfather has early-stage dementia. At the moment, he can live independently with support in the community. Mrs Adams is concerned
about how he will manage to pay his bills in the future, and whether she can sign documents on his behalf.
Question
Mr Adams’ brother, Mr Graham, is a taxi driver. The local authority have revoked his licence, with the only reason being that there are too many
taxis in Edinburgh. Mr Graham wants to get his licence back, but the local authority has refused his application.
Question
Mr and Mrs Adams live in a quiet hamlet. Their neighbour, Mr Henry, takes access through their garden to get to his allotment at the other end
of the garden. Mr and Mrs Adams wish to put a high perimeter fence in place to secure the garden for their new puppy, Lupo. Mr Henry claims that he is entitled to a key to the
new gate so that he can maintain his access.
Question
Mr Adams’ friend, Mr Gilmour, is a member of local government. During his election campaign, he leaks a false rumour about his opponent, a member
of a different political party. The rumour is widely circulated in the media.
Question
Mrs Adams has set up a small business making bespoke wedding cakes. She has just finished a commission for the future Mr and Mrs Nathan. When
they collect the cake, they advise Mrs Adams that they have paid the balance by bank transfer. Mrs Adams has not yet received the payment.
Answer
The Employment Tribunal in Scotland. Mrs Adams can ask the tribunal to decide whether she has been unfairly treated by her employer, and whether she is entitled to compensation.
The Employment Tribunal is based in Glasgow, but has local offices, and holds hearings, in cities across Scotland. If Mrs Adams doesn’t agree with the determination of the tribunal,
she can appeal to the Court of Session, which is based in Parliament House in Edinburgh.
Answer
Where the claim is for more than £1,000, Mrs Adams can raise an action in the All-Scotland Personal Injury Court, which is based at Edinburgh Sheriff Court. This is a special
court for people to claim damages when they have been injured at work or by another person who is responsible for their injury. Or Mrs Adams can raise an action for damages in the
Sheriff Court in the area that the accident happened. There are Sheriff Courts in towns and cities across Scotland. Mrs Adams can still raise an action in her local Sheriff Court and
ask the sheriff to decide whether the manufacturer should pay her any compensation for her injuries. Or Mrs Adams could raise an action in the Court of Session in Edinburgh, if her
injuries are very serious, and her claim for compensation is very large (more than £100,000).
Answer
Sheriff Court, commissary department. Each Sheriff Court has a commissary department which can help individuals who are acting as executors to obtain confirmation to allow
them to distribute the deceased’s estate.
Answer
Court of Session or the Sheriff Court in the area in which Aunt Hyacinth lived at the time of her death. Mr Adams would need to raise an action to prove the tenor of the will,
which means that he would have to establish that the document was what it appeared to be and had been signed by the deceased. Once Mr Adams has done this, the letter can be treated
as Aunt Hyacinth’s last will and testament.
Answer
Sheriff Court in the local area, using either Simple Procedure or Ordinary Procedure. If they seek damages of less than £5,000, they can raise the action as a Simple Procedure
action, which is designed to allow individuals with no legal knowledge to make their claim and represent themselves in court. The associated court fees and costs recoverable are
limited. If the damages they seek are more than £5,000, Mr and Mrs Adams would have to raise an action under Ordinary Procedure, in the Sheriff Court in the area in which they live.
Answer
Additional Support Needs Tribunal for Scotland. Mr and Mrs Adams can ask the tribunal to review the local authority’s decision, and to decide which school Bella should go to. If
Mr and Mrs Adams are unhappy with the outcome at the tribunal, they can appeal the decision to the Court of Session, to be re-considered by three judges.
Answer
Court of Session, judicial review procedure. Mrs Adams can ask the court to review whether the legislation passed by the Government is lawful, and whether it complies with human
rights legislation. She can do this either in Bella’s case only, or she can ask the court to consider whether as a generality the legislation is unlawful
Answer
Office of the Public Guardian (OPG). The OPG can assist Mrs Adams to get a guardianship order for her grandfather, so that she has authority to make decisions about his
welfare or finances. The OPG can also assist with obtaining a Power of Attorney.
Answer
Sheriff Court, summary application. Mr Graham can make a summary application, to ask the Sheriff to review the decision of the licensing board and give him his licence back.
Summary applications are designed to be a quick and straightforward procedure where no evidence will normally be required, or where the issue in dispute between the parties is very
limited
Answer
Sheriff Court in the area where the property is, or the Court of Session. Mr and Mrs Adams may be able to obtain a court order (interdict) to prevent Mr Henry from accessing their
garden, and also a declaration (declaratory) that he is not entitled to take access to his allotment via that route.
Answer
Election Court, which is constituted from the judges of the Court of Session. The Court sits in Parliament House, in Edinburgh.
Answer
Sheriff Court, simple procedure. Mrs Adams should be able to raise an action and represent herself in her local sheriff court, provided that the value of the outstanding debt is
less than £5,000.
