On 1 May 2018, in an important development for future litigation in Scotland, the Scottish Parliament passed the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill. Its provisions will be brought into force by the Scottish Government following Royal Assent. The Scottish Government’s present intention is for phased implementation from Summer 2018, such that different provisions may be brought into force at different times. Continue reading
Yesterday’s second reading debate on the Bill focused, for over three and a half hours, on a few key concerns around the proposed reforms to whiplash claims and the setting of the personal injury discount rate. The detailed scrutiny of the legislation will be taken in the Committee Stages on 10 and 15 May. The proceedings yesterday gave some clues as to further questions and/or amendments which may surface then.
The Association of Personal Injury Lawyers’ (APIL) annual conference ends today, 18 April 2018, with what looks to be a timely “Law Reform and litigation update” session covering the discount rate, clinical negligence, small claims, court reforms and gastric illness. The keynote address yesterday was delivered by MoJ Minister Lord Keen, who touched on most of these topics in his speech. It is understood he did not take questions after the speech and left very promptly.
The MoJ has just released Lord Keen’s speech on civil justice reform and while it is worth reading, it really does not say anything new about the Government’s reform agenda and its preferred timetable for change.