Tim Edward

This Practice Note offers guidance on funding civil litigation in Scotland. In doing so, it covers, among other things: various of the Taylor Report Recommendations implemented under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (sometimes referred to as the Civil Litigation Act 2018 or CL(EGP)(S)A 2018) and which came into force on 5 June 2018; speculative actions and success fee arrangements (SFAs); damages based agreements (DBAs); funding implications on expenses; and various practical implications and considerations for funding litigation in Scotland.

This Practice Note offers guidance on group proceedings in Scotland, available since 31 July 2020, under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020.

This Practice Note offers guidance on the system of judicial expenses in Scotland’s upper and lower courts (the Court of Session and the Sheriff Court) both at first instance and at appeal (in the Inner House of the Court of Session and the Sheriff Appeal Court). In doing so, it covers, among other things: the principles guiding the courts in making awards of expenses; the role of the auditors of court; the process and bases of taxation; modification and disallowance of expenses; the treatment of outlays and additional fees; interaction with the Legal Aid system and speculative actions (CFAs and DBAs); the summary assessment of expenses; extra-judicial expenses; and personal injury claims (QOCS). It also considers some anticipated changes to judicial expenses and taxation.