By Scottish Ministerial order, Qualified One-way Costs Shifting (QOCS) is to apply to Scottish personal injury claims – including disease claims and fatality claims – litigated from 30 June 2021. To recap, QOCS is a departure from the usual ‘loser pays’ approach to legal costs and expenses. The guiding principles of QOCS are (i) promoting access to justice in these types of case by generally protecting losing pursuers (hence ‘one way’) from having to meet successful defenders’ costs and (ii) at the same time enabling the removal of that protection in limited specific circumstances (hence ‘qualified’).Continue reading
Words matter. The meaning of words and the way they are interpreted matter. Wording used in insurance contracts can be crucial to the outcome of legal cases, as we saw on 8 February 2021 when the United Kingdom Supreme Court (UKSC) heard a Scottish case about a pre-pandemic incident in Aberdeen.Continue reading
The Northern Ireland Department of Justice NI today issued, as had been expected before the summer break, a consultation paper on changing the legal framework by which the personal injury discount rate (PIDR) may be set. By coincidence, the consultation follows only a week after a similar exercise was launched by the Justice Department in Dublin.