Bill to introduce DBAs, QOCS and Group Proceedings to Scotland passed by Scottish Parliament

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

A second look at Knauer v MoJ

On 28 January we reported that the appellant’s arguments were far better received by the Supreme Court than those of the respondent defendant in this case about the appropriate date for the assessment of multipliers in claims for future loss of dependency under the Fatal Accidents Act 1976. It was implicit in our piece that the law looked set to change, as it now has done.

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State of the nations

At the start of 2016, this very short post seeks to draw out and compare the critical civil legal issues currently under debate in the jurisdictions in which we and our customers operate. At a high level, the aims and themes appear noticeably similar: to ensure access to justice and to reform and modernise the procedures and costs associated with making claims.

One noticeable point of contrast is that whereas a good deal of activity and reform in England, Scotland and Northern Ireland is either judicially-led or follows a report by a senior judge, the changes under discussion in the Irish Republic are much more clearly in the form of political initiatives. Continue reading