Funding Scottish civil litigation
Produced in partnership with Tim Edward of Dentons
Funding Scottish civil litigation

The following Dispute Resolution practice note Produced in partnership with Tim Edward of Dentons provides comprehensive and up to date legal information covering:

  • Funding Scottish civil litigation
  • Background to and implementation of CL(EGP)(S)A 2018
  • Nature and purpose of CL(EGP)(S)A 2018
  • Speculative actions and success fee agreements (SFAs) in Scottish civil litigation
  • Success fee agreements (SFAs) in Scottish civil litigation
  • Damages based agreements (DBAs) in Scottish civil litigation
  • Personal injury claims
  • Funding implications on expenses
  • Practical considerations when funding Scottish civil litigation

This Practice Note covers funding Scottish civil litigation under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (CL(EGP)(S)A 2018). For guidance on:

  1. judicial expenses and taxation in Scotland, see Practice Note: Judicial expenses and taxation in Scottish civil litigation

  2. other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview and Starting and progressing a civil claim in Scottish civil litigation—overview, which, in turn link through to detailed guidance on specific aspects of dispute resolution in Scotland

  3. other key areas of Scottish law and procedure, see our Scotland toolkit, and

  4. the closest equivalent provisions applicable in England and Wales, see: Funding arrangements—overview which, in turn, links through to detailed guidance on various aspects, including Practice Notes for further guidance on LASPO: Recovery of costs insurance premiums, Damages-based agreements (DBAs) and Conditional fee agreements—success fees

Key:

  1. CL(EGP)(S)A 2018—Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (sometimes referred to as the ‘Civil Litigation, etc Act 2018’)

  2. CR(S)A 2014—Courts Reform (Scotland) Act 2014)

  3. RCS—Act of Sederunt (Rules of the Court of Session) 1994

  4. Taylor Review—Review of Expenses and Funding of Civil Litigation in Scotland

Background to and implementation of CL(EGP)(S)A 2018

In September 2009, the Scottish Civil Courts Review (which recommended various changes in court structures in Scotland now implemented in the Courts Reform (Scotland) Act 2014) recommended a separate review of expenses

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