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SCJC Proposes Extending Protective Expenses Orders

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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.

Published by SCJC on scottishciviljusticecouncil.gov.uk . Detected, standardized, and enriched by GovPing. Review our methodology and editorial standards .

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

  1. Review the SCJC's proposals regarding Protective Expenses Orders.
  2. Submit feedback to the SCJC by the consultation closing date.

Archived snapshot

Mar 24, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

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.

Useful links

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Related websites

Scottish Courts
Scottish Government
Scottish Parliament

Named provisions

Protective Expenses Orders

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Last updated

Classification

Agency
SCJC
Instrument
Consultation
Legal weight
Non-binding
Stage
Consultation
Change scope
Substantive

Who this affects

Applies to
Legal professionals Consumers
Activity scope
Access to Justice Legal Expenses Funding
Threshold
Individuals with limited financial means
Geographic scope
Scotland GB-SCT

Taxonomy

Primary area
Judicial Administration
Operational domain
Legal
Topics
Legal Aid Civil Procedure

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