The following Property Disputes practice note Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): As a result of Coronavirus (COVID-19), various changes have been made to procedure, conduct of hearings and pre-action requirements for eviction proceedings in the First Tier Tribunal for Scotland, see FTT (HPC) procedure below.
The Scottish Government’s Access to Justice Policy, prepared by the Cabinet Secretary for Justice as part of the Justice Directorate, seeks to:
encourage people to resolve disputes outwith court
provide an up-to-date justice system
improve access to justice, and
make the Tribunals system user-friendly (see the First-tier Tribunal for Scotland Housing and Property Chamber procedures-consultation)
The government stated in the Housing (Scotland) Bill that its aim is for a system which is less adversarial than the court system and could remove the need for legal representation. Critically, there is also a perceived need to provide more efficient, specialised access to the justice system for tenants and landlords. To those ends it was proposed that the tribunal system be simplified by bringing the various Scottish Tribunals under one umbrella, ensuring the tribunals’ independence from the Scottish Government and having consistent practices and procedures (see: Access to Justice Policy—Tribunals System).
The Tribunals (Scotland) Bill was first introduced to the Scottish Parliament in May 2013. This Bill was passed in March 2014 and received Royal Assent in April 2014. The Tribunals (Scotland) Act 2014 (T(S)A 2014) created
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