Research With Users of Civil Judicial Statistics

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APPENDIX C: LIST OF STATISTICAL REQUESTS

1. Whilst every effort was made during the interviews to ensure that consultees put forward relevant requests, all requests recorded have been included here regardless of whether they are relevant to the research. The Scottish Executive will attempt to interpret all the requests put forward, using additional information gathered from the reasons given to help clarify the requests where necessary.

2. Due to the large volume of requests put forward, they have been included here in note form. Some requests are too detailed to be included in the Access database and separate submissions have been sent to the Scottish Executive where this has occurred.

Organisation

Statistical Request - A1: Volume of Cases

7

In each court, the number of civil and criminal cases heard to show the balance between the two

8

Recording of court orders in Scotland

9

For all defended cases, the number of occasions on which the case was called in court and the number of motions/minutes enrolled in each case

11

Analysis of cause data at individual court level

11

Volumes of cases initiated - Court of Session, sheriff courts, summary cause, ordinary cause. In a similar level of detail to those found in criminal statistics.

12

All the existing Court of Session data as it stands

12

All the following sheriff court data to be broken down by Sheriffdom: tables 3.1, 3.5, 3.7, 3.8, 3.9, 3.10, 3.12

20

Number of summary causes and ordinary causes raised in sheriff courts by court

20

Number of summary causes and ordinary causes raised in sheriff courts by Sheriffdom

24

Total number of cases going through sheriff courts and the Court of Session by category

28

Time series data across all areas, especially table 3.7 covering ordinary causes

59

General data to inform the Scottish civil court system subject map guide for MSPs

75

Sheriff court data tables 3.1, 3.3, 3.5, 3.7, 3.9, 3.10, 3.11, 3.12, 3.14, 3.15

100

Court of Session data - actions initiated, types, trend data over 10 years, and annual. How many get to what stage - in or out of court, to proof or not.

100

Numbers of raised actions and disposals split by theme, but by the same number of themes

479

Court of Session statistics as currently published e.g. number of actions defended, outcome of actions - dismissal or absolvitor

479

Sheriff court actions, as currently published

583

Court of Session data, as currently published

583

Numbers of references to the European Court of Justice

583

Sheriff court data, as currently published

663

Geographical breakdown of statistics already published e.g. location of courts used

688

Court of Session - number of cases

Organisation

Statistical Request - A2: Court Activity and Throughput

8

Length of time cases take to complete

9

For each case type (small claims, ordinary cause etc), in relation to undefended cases:

  • the average length of undefended cases broken down into shortest, longest and mean length
  • average time again broken down into shortest, longest and mean length from:
    - lodging application to the issuing of first stage of procedure
    - lodging application for decree to issuing of decree
    - requesting extract to issuing of extract or if extract is automatically issued the time between its due date and actual issue

9

For each case type (small claim, ordinary cause etc), in relation to defended actions:

  • the average length of defended cases broken down into shortest, longest and mean length
  • length of time from:
    - lodging of the Notice of Intention to Defend to allowance of debate, proof, procedure roll or hearing
    - allowance of debate, procedure roll, proof or hearing to commencement thereof
    - conclusion of proof, hearing, debate, etc to issuing of final decision
  • number of adjourned diets for the above split into lack of court time; pursuer's motion; defender's motion
  • length of proof, hearing, debate, etc

9

Number of cases disposed of broken down as above, for defended and undefended

9

Total time staff and judiciary spend in civil work

10

Length of time cases take

11

Timeliness and frequency of data on cases initiated - Court of Session, sheriff courts, summary cause, ordinary cause, etc

28

Data on timeliness e.g. from initiation to final judgment for main case types

58

Breakdown of actions that do not reach proof stage ( i.e. are not disposed of by judgment) by length of time running

58

Breakdown of all actions by length of time running. Cross-reference this with means of resolution as found in table 2.5.

58

Cross-reference length of case with nature of action and sub-category of 'Disposal by Final Judgment'

75

Sheriff court data covering the length of time that litigation takes from warranty to disposal

100

Courts and tribunals by type of case showing when settled, whether they go to a full hearing and whether they were represented

100

Time spent on processes, average length

479

Referrals from the Court of Session to other courts and tribunals e.g. to sheriff courts, Scottish Land Court

616

Average length of time taken for action by the Court of Session or sheriff court, broken down by type of action

652

Delays in the civil courts (see separate submission)

663

Number of cases part heard/continued ( i.e. put in queue)

663

Number of cases delayed due to a lack of judge availability

663

Number of days an individual judge has sat

663

Number of days each court has sat

663

Tracking of individual cases - time taken to achieve resolution


Organisation

Statistical Request - A3: Specialist Courts

7

Use and outcomes of procedures in the Commercial Court in Glasgow

7

Use by type of action and outcomes of other specialist courts such as family courts

24

Activity in the Commercial Court

663

Breakdown of cases by number of cases going through specialist courts e.g. commercial, family


Organisation

Statistical Request - A4: Petitions for Judicial Review

10

Petitions for judicial review - length of time cases take

210

Table 2.10 judicial review - the miscellaneous category should be broken down further

210

Table 2.10 judicial review - should show annual variations instead of a quarterly breakdown

210

Table 4.6 judicial review - show a greater breakdown within the miscellaneous category

479

Judicial review data as currently published

479

Judicial review data - breakdown of table 2.10 on number of petitions: immigrants into immigration, asylum and nationality; housing into homeless and non-homeless

582

Judicial review - comparisons over the years rather than a quarter in table 2.10

582

Categories for judicial review in table 2.10 need reviewing as there are too many miscellaneous

582

Comparable figures to be included from England for judicial review

582

Judicial review - percentage of cases supported by legal aid shown by type of case

582

Judicial review - what percentage of people are represented by type of action and outcome


Organisation

Statistical Request - A5: Appeals

3

Appeals broken down by type

12

Section 4 sheriff court appeals data as it stands: tables 4.1, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8

12

Section 4 sheriff court appeals data to be broken down by Sheriffdom: table 4.2 (initiated)

75

Appeals data table 4.1


Organisation

Statistical Request - A6: Costs and Taxation

7

In sheriff courts:

  • the number of accounts lodged with the auditor
  • the number of cases where the auditor was not asked to make the decision
  • the average amount of expenses awarded by the auditor for each case

8

Cost of cases

9

For all defended cases:

  • the total sum recovered in court fees for each case
  • the number of cases which were fee exempt
  • party/party legal expenses for each case

100

Taxation process and auditors: lawyers' fees for litigation and non-litigation; the total number of cases, by type, and the fees for each case; the number of ex-judicial taxations

100

Costs, average cost of processes

616

Information on average legal fee costs incurred to pursue actions - broken down by type of action

663

For each court and court type, the cost of putting a case through the court


Organisation

Statistical Request - A7: Miscellaneous

8

The number of cases that are enforced

484

In terms of contempt of court, are cases successful, withdrawn, or unsuccessful by sheriff court and Court of Session


Organisation

Statistical Request - B1: Personal Injury and Damages

10

More detail from sheriff courts on personal injury cases e.g. range of amounts sued for, how many were accidents at work and how many were backed by trade unions

20

Information regarding personal injury to include type of claims brought within this theme

72

All causes initiated against claims for mesothelioma in the Court of Session

72

Mesothelioma causes initiated by claimant, broken down by: victim, relative(s), executor

72

Claims raised by the relative(s) of victims of mesothelioma by status of relative(s): spouse, child, sibling, parent, grandchild, grandparent

72

All mesothelioma claims settled showing length of time from initiation to settlement shown by: victim, relative(s), executor raising the claim

72

Outcomes of claims against mesothelioma: damages awarded by judge or jury; settled out of court; case withdrawn; damages awarded by the company

72

Prior to death: all mesothelioma causes initiated and settled as raised by the victim

72

Post death: all mesothelioma causes raised by the relative(s) broken down by: claims already raised by the victim; new claims

72

Post death: all mesothelioma causes raised by the victim's executor broken down by claims already raised by the victim; new claims

112

Awards of damages to the public and employers: the number of awards, the size of the award, and the nature of injury to which they relate ( e.g. deafness, vibration/white finger) by Sheriffdom

343

Fatal accident inquiry report data (individual cases)

484

Total number of defamation cases raised by type of court: sheriff court or Court of Session

621

Asbestos - cases that are diagnosed at post mortem stage

621

Asbestos - how many cases have a jury trial

621

Asbestos - how many claimants receive damages in life

621

Asbestos - how many victims are unable to claim due to lack of insurers

621

Asbestos - the gender of those who initiate actions for asbestos by victim or relative

621

Asbestos - the number of cases where the family is pursuing the claim

621

Asbestos - the total number of claims for compensation against all asbestos related diseases by court

621

Asbestos - those who initiate a claim by category of asbestos related disease. These include: mesothelioma; asbestos related lung cancer; asbestosis; plural thickening; defuse plural thickening; pleural plaques; lung cancer and asbestosis; lung cancer and pleural plaques

621

Asbestos - where there are no insurers (post 1972) how many cases are reported to the Procurator Fiscal Office

621

Asbestos - whether the claimants are time barred

652

The impact of voluntary pre-action protocols on personal injury litigation (see separate submission)

663

Breakdown of the statistics currently published, by personal injury category

693

Personal injury, as currently published

693

Damages, as currently published


Organisation

Statistical Request - B2: Debt, Bankruptcy and Diligence

2

A breakdown of outcomes from earnings arrestment and warrant sales in terms of penalties imposed

3

Cases of debt

8

Number of time orders raised under the Consumer Credit Act

20

Greater level of information pertaining to issues of debt to include results of claims - whether found in favour of the debtor or pursuer, by type of case

20

Greater level of information pertaining to enforcement - to include: money attachment, land attachment, bank arrestment, exceptional attachment order

26

Debt issues as published currently, split by ethnicity

28

Breakdown of claims relating to debt

55

Operation of diligence

74

Under the new legislation for the Debt Arrangement and Attachment Act - how many people are represented by solicitors, how many appear in court in person and what is the outcome of the case in terms of arrangements to pay the debt

74

Under the new legislation for the Debt Arrangement and Attachment Act - of those people that are unrepresented, how many are funded by legal aid

75

Diligence data tables 5.1, 5.5

90

Bankruptcy, as currently published

90

Number of attachment orders

90

Time to pay orders/actions - numbers ordered and type of remedies available and used

90

General debt, as currently published

90

Summary warrants - numbers, who is pursuing who, sectoral breakdown, revenue

93

Debt and bankruptcy

95

Consumer credit licensing court actions: number of license refusals and revocations of debt collection

105

Earnings arrestments executed as an alternative to bankruptcy

105

Number of cases of people threatened with bankruptcy

105

Number of forced sale actions against property

105

Number of sequestrations initiated and outcomes of court decisions on sequestrations

105

The number of bankruptcy restriction orders

105

The number of income payment orders

105

Number of diligences executed compared with bankruptcy figures in total

134

Breakdown of types of debt action (agreement to repay etc.) by number of actions and monetary value

134

Current general statistics on levels of debt in Scotland, e.g. number of actions taken

166

Insolvency, as currently published

166

Diligence, as currently published

166

Diligence - total number, including those under summary warrant

166

Diligence - numbers split by type of diligence e.g. money attachment (all further disaggregations to be applied to these types)

166

Diligence - numbers successful and unsuccessful

166

Diligence - aggregate value of underlying debt

166

Diligence - amounts recovered

166

Diligence - numbers served on banks

166

Diligence - geographical area ( e.g. local authority)

166

Diligence - originator, possibly by Bank of England legal status classification

190

Information on lending and personal debt on a Scotland-wide basis

190

Underlying figures on possession, bankruptcy and debt

300

Insolvency statistics such as warranted petitions and awards made, by Sheriffdom

300

Monetary court actions such as debt recovery and how many cases get to different stages such as judgment

347

Attachment of earnings orders and charging orders

347

Sequestrations - in particular bankrupt individuals rather than company bankruptcies: number of appeals filed for and disposed of; petitions issued by creditor/debtor; number of orders and number of these dismissed or taken to court

347

Third party debt orders (previously known as garnishee orders)

347

Court-authorised bailiffs' actions

379

Data relating to levels of debt

411

How many applications have been made for bankruptcy by Sheriffdom or Sheriff Area and trends over time

411

Number of applications of diligence by type and whether business or individual

479

Diligence, earnings arrestments as currently published

479

Diligence, earnings arrestments by geographical area

495

Breakdown of debt causes initiated and disposed of by gender and social class

495

Diligence - warrant sales and debt

495

Information on diligence (warrants and debt) over time (annually over 5 years)

616

Arrestments on bank accounts (found in Section 5 - Diligence) broken down e.g. by diligences executed under summary warrant, arrestments on dependence etc.

662

Admiralty (see separate submission)

662

Arrestment (see separate submission)

662

Attachment (see separate submission)

662

Diligence - general (see separate submission)

662

Diligence against earnings (see separate submission)

662

Diligence on the dependence of a court action (see separate submission)

662

Ejection (see separate submission)

662

Information disclosure order (see separate submission)

662

Inhibition (see separate submission)

662

Interim attachment (see separate submission)

662

Land attachment (see separate submission)

662

Money attachment (see separate submission)

662

Residual attachment (see separate submission)

662

Time to pay (see separate submission)

693

Diligence, as currently published

711

Debt - the number of actions raised in sheriff courts by whom: individual or business

711

The number of actions raised against debt by range of debt

Organisation

Statistical Request - B3: Housing and Land/Heritable

3

All cases on housing issues

20

Land/heritable actions brought by mortgage lender or landlord

20

Greater level of information pertaining to land/heritable actions, to include a breakdown of causes initiated against rent, repossessions and repairs

55

Peripheral interest in mortgage repossessions

63

Outcome of housing disputes - whether they found in favour of the tenant or landlord

63

The number of applications to suspend enforcement of standard security by sheriff court

63

The outcomes of the application to suspend enforcement - whether they found in favour of the debtor

63

The total number of disputes raised against safeguarded tenancy deposits

74

At what point is a housing case resolved - from issue of writ through to decree

74

How many actions are being raised for eviction

74

How many actions for eviction are initiated and disposed of each year

74

How many cases are recalled to offer the people a further chance to pay before eviction

74

Who is raising actions for evictions - individuals, private landlord or a socially registered landlord

74

How many eviction actions are raised by private landlords and what are the outcomes

74

What is the amount that actions are raised for in connection with land and heritable

74

A greater level of breakdown about the nature of land/heritable actions

74

Where land/heritable decrees have been granted, what is the resulting action, i.e. eviction or other

190

Number of actions raised by mortgage settled in court versus out of court

190

Number of actions raised by mortgage (debt) broken down by outcome

190

Arrears and possession information

210

Information on the Lands Tribunal as in table 7.3

347

Possessions orders entered into, suspended and granted by mortgage, private tenants, registered social landlords

379

Data on repossessions

711

Number of people who lose their home through repossession

711

Reasons for people losing their home through repossession - mortgage payments or repossession decree by courts


Organisation

Statistical Request - B4: Family - Children

3

Greater exploration of child contact arrangements and how they relate to referrals to Children's Hearings

40

How many cases for contact or residence are applied for and how many are rejected on the grounds of domestic violence

40

How many appeals are initiated because an order for contact or residence has been refused

40

With regards to child protection - the number of cases initiated under the Protection of Children Act 1999 which are brought about due to sexual offences

59

Breakdowns of data on residence and contact (table 3.7), including separation of these two elements, and information on what was asked for over and above that granted

65

Child support e.g. numbers around the impact of the reform of the Child Support Agency

65

Who raises the case, against whom the case is raised and for what reason

65

General numbers processed in addition to numbers successful/unsuccessful

66

Children living in separated households - how many parents eventually divorced and where their care/residence is located (mother or father), linked to how many subsequently became looked after by the state

210

Information from Children's Hearings

255

Within international private law, international child abduction numbers: incoming, outgoing, destination and country removed from

479

Use of the Children's Hearing system

632

With regards to residence and contact, what kind of order is being sought

632

The number of actions for residence or contact raised by children or where children are party to the action

632

Residence and contact - what is the age of the young person raising the action broken down into under 12 years and over 12 years

632

Residence and contact - how many cases include the views of the child being expressed in line with the United Nations Convention on the Rights of the Child or the Children (Scotland) Act 1995 - by age of the child

632

Residence and contact actions - whether the child bringing the case is a looked after child

632

How many children initiate an action against a school placement or appeal against an exclusion

632

How many parenting orders have been issued by courts

632

International child abduction cases - which countries are involved

638

Family court cases - number of cases raised against child residence

638

Family court cases - number of cases raised against child contact

661

Children (Scotland) Act 1995 - actions initiated and disposed of, interval between initiation and disposal, type of order awarded

667

Adoptions - numbers and rate, disaggregated by age, gender, social class, postcode location, employment, education level, demographics

667

Parenting orders - numbers and rate, disaggregated by age, gender, social class, postcode location, employment, education level, demographics

670

Contact and residence (see separate submission)

670

Parental rights and responsibilities (see separate submission)

714

Adoption - numbers granted, refused and withdrawn nationally and by local authority

714

Children's Hearings - application to sheriff courts for a ruling

714

Children's Hearings - what are the outcomes of the referral to court

714

Children's Hearings - what the basis is for referral to the courts and why

Organisation

Statistical Request - B5: Family - Marriage and Divorce

12

Divorce data to be broken down by Sheriffdom (table 6.1)

59

Civil partnership data (2004 Act)

59

Cohabitation data

59

Divorce data broken down into nationality of each party

65

Divorce, as currently published

75

Divorce data table 6.1

93

Divorce data

210

Information currently given under the section on divorce

255

Within conflict of laws - jurisdiction. For cases relating to consistorial actions: numbers/frequency of use of different bases of jurisdiction.

379

Numbers of divorce cases

638

Family court cases - number of cases raised against divorce

661

Divorce Act 1976 - actions initiated and disposed of, interval between initiation and disposal, type of order awarded

667

Divorce - numbers and rate, disaggregated by age, gender, social class, postcode location, employment, education level, demographics

667

Marriage - numbers, rate and duration, disaggregated by age, gender, social class, postcode location, employment, education level, demographics

667

Cohabitation data - numbers of families, children in cohabiting families and breakdowns in cohabitation, disaggregated by age, gender, social class, postcode location, employment, education level, demographics

668

Cohabitation - how many go on to get married

668

Cohabitation - length of time cohabiting before marriage

668

Cohabitation - numbers split by sexual orientation, disability, geography, religion, race

668

Divorce - age of divorcees

668

Divorce - length of time married before getting divorced

668

Divorce - numbers split by sexual orientation, disability, geography, religion, race

668

Divorce - time when first noticed relationship was in trouble

668

Divorce - whether children are from that union or not

668

Divorce - whether couples have children

668

Divorce - whether those filing in Scotland were married in Scotland

668

Marriages - numbers by type - whether civil partnership or religious etc

668

Marriages and civil partnerships - numbers split by sexual orientation, disability, geography, religion, race

670

Civil partnership dissolution (see separate submission)

670

Cohabitation (see separate submission)

670

Divorce (see separate submission)


Organisation

Statistical Request - B6: Small Claims

7

The trend over years showing the number of small claims actions (as in the publication)

8

The size of small claims

8

Details of who is suing who in small claims cases - individuals or businesses

20

Greater level of information regarding consumer redress

95

Number of small claims actions (as shown on table 3.11) split by Sheriffdom and type of goods

347

Numbers of small claims entered into

411

Number of small claims actions logged, the number raised by firms versus individuals and trends over time

Organisation

Statistical Request - B8: Causes by Category

2

Details of statistics on ordinary causes initiated and disposed by nature of action (especially debt and interdict) and by local authority or Community Justice Authority Area

8

Data on what type of disputes are involved when suing

8

Detailed data breaking down claims into type of action

9

Number of applications lodged broken down into case type e.g. in sheriff courts - small claim; summary cause; ordinary cause; summary application; family actions; simplified divorce; adoption; bankruptcy; commissary; appeal

11

Cause type by category, e.g. ordinary cause

20

Small claims, summary causes and ordinary causes raised in sheriff courts as contained in the publication

58

Number of actions raised by type of action ( e.g. divorce in table 2.3, table 3.7). Use existing data.

583

Interim interdict numbers broken down by area e.g. family law, patents/intellectual property, copyright, breach of confidence

688

Court of Session data by type of case - whether family, divorce or industrial

Organisation

Statistical Request - B9: Miscellaneous

2

Numbers of miscellaneous and administrative applications disposed of (civil imprisonment, protection from harassment, fatal accident inquiries as in table 3.12) broken down by socio-economic and demographic characteristics such as age and gender

26

Business licensing issues, split by ethnicity

26

Number of cases brought against trespass, split by ethnicity

45

No changes required to the data contained in the publication

47

Number of cases brought to court under the Consumer Credit Act

47

Date of cases brought to court under the Consumer Credit Act

47

Name of courts where cases are brought to court under the Consumer Credit Act

47

Number of judgments in favour of the consumer in cases brought to court under the Consumer Credit Act

47

Number of judgments in favour of the trader in cases brought to court under the Consumer Credit Act

93

Data around new legislation/offences e.g. community right to buy (land), parents taking schools to court

93

Licensing/casino

93

Trends of cases

95

Number of fixed penalty notices and breakdown by subject ( ASBO, smoking, parking etc)

95

Numbers of injunctive actions in the sheriff courts related to the Enterprise Act 2002

112

Actions regarding nuisance - numbers and nature ( e.g. odour, flies, blocking of pathways)

112

Commercial actions arising out of construction work - numbers, size, geography

112

Environmental liabilities under terms of forthcoming EU Directive - number of actions raised and outcomes, by Sheriffdom

112

Court actions e.g. deciding liability for removal of a pipe

255

Within international private law - the number of times foreign law is relevant in a case but not proved

255

How many causes are raised within commercial law

347

Any data enabling correlation of the level of the court with the seriousness of the issue, to identify 'misuse'

347

Council tax liability orders - served and granted

347

Hire purchase - return of goods actions

347

Orders to obtain information ( e.g. in income)

347

Number of County Court Judgments (Decrees), Administration Orders and Child Support Agency Orders

484

Total number of actions raised regarding restriction of publication orders

661

Succession (Scotland) Act 1964 - actions initiated and disposed of, interval between initiation and disposal, type of order awarded

Organisation

Statistical Request - B11: Health, Welfare and Personal Protection

3

Anti-social behaviour orders/notices

3

Divorce - is there any evidence of domestic violence in the case

34

Cases brought about through violence against women

40

How many divorce cases are the result of domestic violence

40

Matrimonial Homes Act 1981 - how many cases were brought for interdict with the power of arrest and what are they asking for

40

Matrimonial Homes Act 1981 - how many interdicts are granted and how many are refused by reason for refusal

40

Matrimonial Homes Act 1981 - how many powers of arrest are invoked and what is the outcome of these

40

Matrimonial Homes Act 1981 - who is applying for interdict by gender, age, court

40

Matrimonial Homes Act 1981 - how many cases were brought for an ordinary interdict and what are they asking for

40

Matrimonial Homes Act 1981 - the cost of applying for an interdict

40

Matrimonial Homes Act 1981 - for those applying for an interdict, was legal aid granted

69

Information on number of applications for financial and welfare guardianships, and numbers granted, by Sheriffdom.

69

Mental health reports requested by the courts (probably more in relation to the criminal side rather than the civil side)

69

Appeals that relate to the new Mental Heath (Care and Treatment) (Scotland) Act 2003 - number of cases by region and outcome (whether the appeal was upheld or not). Demographics relating to the person who appealed.

69

Historical data on civil actions within the sheriff courts relating to the Mental Health Act 1984 - the same information that the new Tribunal reports provide and outcomes of cases.

343

Appeals to the Sheriffs Principal and the Court of Session arising from Mental Health Tribunal Scotland determinations, by Sheriffdom

343

Applications under Part 6 of the Mental Health (Care and Treatment) (Scotland) Act 2003, and disposals, by Sheriffdom

343

Warrants, removal orders and place of safety orders issued by courts under the MHC& TS Act, by Sheriffdom

343

Applications under the Adults with Incapacity (Scotland) Act for welfare guardianship (where welfare powers are granted) and a breakdown of disposals, by Sheriffdom

495

Breakdown on harassment figures (as in table 3.12) by gender and social class

507

Interdicts and exclusion orders (see separate submission)

507

Exclusion orders (see separate submission)

507

Local authorities and the use of exclusion orders available to them under the Children (Scotland) Act 1995 (see separate submission)

507

Breach of interdict (see separate submission)

507

Civil non-harassment (see separate submission)

632

The number of anti-social behaviour orders issued for those under 16 years of age by court

632

Under the Ant-social Behaviour Act, how many local authorities have been enforced to comply with the supervision order

638

Family court cases - matrimonial interdict

667

Numbers of interdicts against spouses - numbers and rate, disaggregated by age, gender, social class, postcode location, employment, education level, demographics

667

Anti-social behaviour orders - numbers and rate, disaggregated by age, gender, social class, postcode location, employment, education level, demographics

714

Number of anti-social behaviour orders issued by local authorities

714

The number of civil orders made in respect of those that committed a sexual offence by police area or Sheriffdom

Organisation

Statistical Request - B12: Equalities and Human Rights

30

Discrimination cases - numbers of cases raised by type of disability and type of case, which legislation they are brought under, outcome of case, geographical location of chair sitting

34

Cases brought under the Sex Discrimination Act broken down by type: harassment, employment, goods, facilities and services

34

Cases brought under the Equal Pay Act

71

How many substantive human rights cases are brought before the Scottish courts

71

Whether or not the judgment made some specific reference to the human rights issue with damages awarded specifically for the human rights part, or if someone has brought a case where it is both common law and human rights and they are awarded damages but only for the common law issue

71

Which articles of the European Convention were raised, whether it was one or several

71

More data on the geographical areas of where human rights cases are being brought, gender of litigants, age, race or ethnic background

71

What courts the human rights case was brought before - whether it was first instance or appeal

495

Data on immigrants, as found in table 2.10, expanded and explained. In particular, a short paragraph outlining what the data refers to, as found in the publication Social Trends.

649

How many cases are raised against human rights

649

What are the outcomes of human rights cases

649

How many claims are made under other acts which have a human rights angle

676

How many cases of human rights have been identified broken down by demographics

676

If a judgment is made using human rights legislation and which article is being used broken down by demographics

676

Information on how human rights are used in the Scottish legal system broken down by demographics

Organisation

Statistical Request - B13: Family - General

34

More detail regarding family law cases and the outcomes from these cases

632

Family law - how many litigants are legally represented

632

Family law - how many litigants receive legal aid

661

Family Law (Scotland) Act 2006 - actions initiated and disposed of, duration of disposal, type of order awarded

661

Family Law (Scotland) Act 1985 - actions initiated and disposed of, interval between initiation and disposal, type of order awarded

661

Matrimonial Homes (Family Protection) (Scotland) Act 1981 - actions raised and disposed of, interval between initiation and disposal, type of order awarded

661

Actions initiated connected to family law by Sheriffdom

661

Proportion of actions raised in sheriff courts and the Court of Session connected with family law

661

Whether the courts found in favour of the pursuer or defender in family law

661

The number of actions initiated in connection with family law that have been legal aid assisted

661

To what degree the actions initiated connected with family law are legal aid assisted - fully or partially

667

Any new legislation which affects family life - numbers and rate, disaggregated by age, gender, social class, postcode location, employment, education level, demographics


Organisation

Statistical Request - C1: Penalties and Awards

10

Awards and expenses settled in courts

583

Amounts of damages awarded

652

Jurisdiction and proportionality (see separate submission)

663

How much cases are worth, broken down by court type

688

Court of Session - levels of compensation awarded


Organisation

Statistical Request - C2: Disposal and Settlement

7

In all courts, with regards to relationships between alternative dispute resolution and cases needing judgment, the statistics should show the distinction between cases disposed of by agreement and cases where the judge hears the evidence or legal argument and makes the final decision

10

Court of Session data - how are cases settled

11

Trajectory and outcome of cases

24

Stages at which an outcome is reached in courts, broken down into the following phases: issue of writ, lodging of defence, closing of the record of action, prior to trial date and decision by judge

26

Numbers wrongfully dismissed, split by ethnicity

58

Breakdown of 'disposal of by final judgment' category in table 2.5 into more subcategories, including mediation

100

Decree numbers and type - undefended or negotiated settlement. It is not clear what is meant by disposal by final judgment - negotiated undefended decree or number gone to proof.

583

Numbers of actions settled

583

Outcomes on appeals in Scotland

652

Full hearings (proof or jury trial) in the Scottish civil justice system (see separate submission)

663

Numbers settling out of court and at what stage in the process

688

Court of Session - successful or unsuccessful cases


Organisation

Statistical Request - D1: Legal Aid

3

Civil legal aid

7

In all courts, the number of cases which have benefited from legal aid by geographical spread

8

Whether people are represented in court and have legal aid

10

Legal aid data

20

Whether the litigant received legal aid

24

The number of mediation and court cases by type which received legal aid

100

Legal aid:

  • numbers of legal actions
  • numbers of legal actions funded by legal aid
  • numbers of legal action not funded by legal aid, and who is funding them
  • percentage of legal actions funded by legal aid

479

Legal aid data

Organisation

Statistical Request - D2: Representation and Juries

7

In terms of future regulation regarding rights of representation: the volume of actions raised or defended in court by non-solicitors ( i.e. members of the public and other professional persons not qualified as a solicitor)

20

Representation - whether the litigant is represented by a private solicitor, a lay representative or is unrepresented and the outcomes of the cases

95

In-court advice service - assistance given to individuals in court to help with small claims: statistics on numbers receiving help, by type of help ( e.g. non-payment of debt, faulty goods)

583

Numbers of actions defended and undefended in the Court of Session

583

Numbers of civil cases dealt with by jury

652

Jury trials in the Court of Session (see separate submission)


Organisation

Statistical Request - D3: Demographics

2

A profile of the judiciary members in terms of gender, age, race etc

3

Corporate bodies appearing regularly in civil courts

26

All information as currently published, split by ethnicity

34

All statistics in the current publication broken down by gender

34

All statistics in the current publication broken down by gender and local authority

34

All statistics in the current publication broken down by gender and court

100

Staff and judge numbers by age and gender

583

Numbers of individuals and companies raising claims in the sheriff courts

Organisation

Statistical Request - D4: Witnesses

7

In all courts, the percentage of cases requiring special provision for vulnerable witnesses

632

How many cases have special measures being used for vulnerable witnesses broken down by type of witness and by type of special measure

632

Which special measures are being supplied by which court

632

Whether special measures have been provided to vulnerable witnesses due to compulsory requirement of the court or through request

654

Number of witnesses appearing in court (including victims as witnesses)

654

Ethnicity of witnesses

654

Gender of witnesses

654

Number of disabled witnesses

654

The number of witnesses appearing in court who need special measures given as a percentage of those who appeared

654

The total number of hearings in which special measures are used

654

Type of case in which witnesses using special measures appear

654

Type of special measures used in court given by court

654

The age of witnesses using special measures - shown as under 16 and over 16 years of age

654

The level of satisfaction from the use of special measures

654

How many cases using special measures are legal aid assisted


Organisation

Statistical Request - E1: ADR and Mediation

9

Data from any other dispute forum handling similar case types e.g. mediation, arbitration, tribunal

10

Use of mediation/alternative dispute resolution

20

Whether the litigant was referred to other forms of arbitration or mediation services

24

Number of cases raised and outcomes reached in mediation

24

Trends in the use of mediation over the years

24

For cases going through mediation, what are the timescales from issue of writ to an agreement being reached

24

Type of cases where actions are raised in mediation

65

Numbers and frequency of referrals by courts to mediation and voluntary sector family counselling

583

Numbers of cases in which alternative dispute resolution is used to achieve resolution

616

Information on the number of actions disposed of by alternative dispute resolution, such as mediation

670

Statistics related to alternative dispute resolution (see separate submission)

Organisation

Statistical Request - E2: Tribunals

30

Additional Support Needs Tribunals - numbers of cases raised by type of disability and type of case, which legislation they are brought under, outcome of case, geographical location of chair sitting

30

Employment tribunals - numbers of cases raised by type of disability and type of case, which legislation they are brought under, outcome of case, geographical location of chair sitting

52

Length of time taken for tribunals and appeal procedures, by tribunal type

52

Numbers of cases going to appeal to the Court of Session, by tribunal type

52

Numbers of cases going to appeal to the sheriff court, by tribunal type

52

Numbers of cases going to tribunals, by tribunal type

582

Statistics showing tribunal cases and whether cases are funded by legal aid

663

Breakdown of tribunal data - numbers processed and appeals ( e.g. employment, social security, mental health)

Page updated: Thursday, October 04, 2007