SCJC Proposes Extending Protective Expenses Orders
Summary
The Scottish Civil Justice Council (SCJC) has opened a 12-week public consultation on proposals to extend the availability of Protective Expenses Orders (PEOs). PEOs are designed to allow individuals with limited financial means to access justice by covering their legal expenses in certain court cases.
What changed
The Scottish Civil Justice Council (SCJC) is seeking public input on extending the availability of Protective Expenses Orders (PEOs). This consultation aims to gather views on whether PEOs, which currently apply to specific types of cases, should be made available more broadly to ensure access to justice for individuals with limited financial resources.
Interested parties, including legal professionals and consumer groups, are encouraged to submit their feedback. The consultation period is 12 weeks, and while a specific compliance deadline is not yet set, the outcome will inform potential changes to court procedures and funding mechanisms for legal cases in Scotland. The SCJC will review all responses to determine the next steps regarding the expansion of PEOs.
What to do next
- Review the SCJC's proposals regarding Protective Expenses Orders.
- Submit feedback to the SCJC by the consultation closing date.
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- New Rules Home / Consultations / SCJC Consultations / Extending the availability of Protective Expenses Orders # Extending the availability of Protective Expenses Orders
The Scottish Civil Justice Council has issued a public consultation on proposals that would allow a party to request costs protection against an adverse award of expenses in a sheriff court environmental action.
1 - CONSULTATION PAPER - on extending the availability of PEOs
2 - DRAFT RULES - on the extension of PEOs
3 - BRIA - on the extension of PEOs
4 - EQIA - on the extension of PEOs
5 - Respondent Information Form
The consultation will be open for twelve weeks. The deadline for responses is 14 November 2025.
To respond please email scjc@scotcourts.gov.uk with your response, along with a completed Respondent Information Form.
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