In this case study on family law – divorce, Member States were asked to provide information for the party that files for divorce on litigation costs to consider in the following situations:

Case A – National situation: a couple gets married. Later they separate and agree to a divorce.

Case B – Transnational situation: Two nationals from a same Member State (Member State A) get married. The marriage is celebrated in Member State A. After the wedding, the couple moves to live and work in another Member State (Member State B) where they establish their residence. Shortly thereafter the couple separates with the wife returning to Member State A and the husband remaining in Member State B. The couple agrees to a divorce. Upon her return to Member State A, the wife immediately files for a divorce before the courts of Member State B.

Please note:  The Scottish Government publishes detailed statistics and information on the civil justice system on its Civil Justice Statistics in Scotland website but this does not include information on costs.

In this case study on family law – custody of the children, Member States were asked to provide information for the suing party on litigation costs to consider in the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three-year-old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorised to do so by the court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.

Please note:  The Scottish Government recently completed a comprehensive review of the content and publication of statistics on the civil justice system.  A new dataset has been developed to meet the requirements identified in the review.  The Scottish Government is currently assessing this to determine what analysis is possible and how it should be disseminated.  Updates on progress will be provided via the Civil Law Statistics in Scotland website.

In this case study on family law – child maintenance, Member States were asked to advise the suing party on litigation costs on litigation costs to consider in the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three-year-old child when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the child maintenance owed to the mother by the father for the support and education of the child. The mother sues for this.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B). They have a three-year-old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence.

An outstanding dispute remains. This relates to the amount of the child maintenance owed to the mother by the father for the support and education of the child. The mother sues for this in Member State A.

Please note:  The Scottish Government recently completed a comprehensive review of the content and publication of statistics on the civil justice system.  A new dataset has been developed to meet the requirements identified in the review.  The Scottish Government is currently assessing this to determine what analysis is possible and how it should be disseminated.  Updates on progress will be provided via the Civil Law Statistics in Scotland website.

In this case study on commercial law – contract, Member States were asked to provide information for the seller on litigation costs to consider in the following situations:

Case A – National situation: A company delivered goods worth 20,000 euros. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed.

The seller decides to sue to obtain the full payment of the price.

Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth 20.000 euros to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided under the contract with the buyer.

Please note:  The Scottish Government recently completed a comprehensive review of the content and publication of statistics on the civil justice system.  A new dataset has been developed to meet the requirements identified in the review.  The Scottish Government is currently assessing this to determine what analysis is possible and how it should be disseminated.  Updates on progress will be provided via the Civil Law Statistics in Scotland website.

In this case study on commercial law – responsibility, Member states were asked to provide information for the customer on litigation costs to consider in the following situations:

Case A – National situation: A heating equipment manufacturer delivers a heater to an installer. The installer sells on (and installs) the heater to a customer to equip his/her house. The house catches fire shortly thereafter. Every participant (heating equipment manufacturer, installer, end-customer) is insured. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to sue for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies.

Case B – Transnational situation: A heating equipment manufacturer in a Member State B delivers a heater to an installer in a Member State C. The installer sells on (and installs) the heater to a customer in Member State A to equip his/her house. The house catches fire shortly thereafter. Each participant (heating equipment manufacturer, installer, end-customer) is insured by an insurance company in its own Member State. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to sue in Member State A for full compensation by the heating equipment manufacturer, the heating equipment installer and the insurance companies in Member State A.

Please note:  The Scottish Government recently completed a comprehensive review of the content and publication of statistics on the civil justice system.  A new dataset has been developed to meet the requirements identified in the review.  The Scottish Government is currently assessing this to determine what analysis is possible and how it should be disseminated.  Updates on progress will be provided via the Civil Law Statistics in Scotland website