PLans to overhaul the structure of civil courts could hit sheriff courts with a deluge of cases, according to the Law Society of Scotland.
The society, which represents solicitors, said the changes could cause significant delays for people who use local courts.
The draft Courts Reform (Scotland) Bill, sets out proposals to increase the threshold for cases to be heard by the Court of Session.
The Court of Session can hear civil cases where the sum sued for is £5,000 or above. The draft Bill proposes changing the requirements, so only cases valued at more than £150,000 can be raised in the Court of Session.
Kim Leslie, convener of the Law Societyof Scotland’s Civil Justice Committee, said: “If the proposals are implemented as currently drafted, a deluge of cases could hit Scotland’s sheriff courts.
“There is a risk that sheriff courts will be unable to cope with the volume of new work suddenly arriving at their door. We expect this to be made worse by the recent Scottish Government decision to support the closure of 20% of sheriff courts across Scotland.
“If sheriff courts are unable to cope with the increased workload, there could be significant delays for court users.”
Ms Leslie added: “If the proposals are implemented as currently drafted, we could end up in the paradoxical situation of an almost completely deserted Court of Session, whilst court users in the sheriff courts suffer long delays as the courts struggle to cope with an increased workload.
“The Scottish Government is right to raise the threshold; however, we would prefer to see the limit set at no more than £50,000. This would allow cases with a lower value, but which still raise complex issues of matter of fact or law, to continue to be heard by the Court of Session.”
A Scottish Government spokesman said: “The Scottish Government accepted the Scottish Court Service’s proposals to change the structure of our courts. Their proposals are now being scrutinised by Parliament.
“The volume of business carried out in the sheriff courts recommended for closure is around 5% of the total business, which SCS is confident can be dealt with within a smaller number of better equipped courts.”