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
The basis of QOCS is that the protection it affords against adverse costs applies to unsuccessful claims for personal injuries. These are conventionally argued in negligence against the defendant whose conduct caused the accident e.g. the negligent driver or employer. But should a statutory claim against an organisation which was not the tortfeasor be regarded as a claim for damages for personal injuries protected by QOCS?