Scotland still to see introduction of Qualified One-Way Costs Shifting

Article summary

Practitioners in Scotland have been eagerly awaiting the implementation of Qualified One-Way Costs Shifting (QOCS) since the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act received royal assent in 2018. Practitioners are requesting clarity and timescales for the introduction of QOCS as many have held off raising proceedings so that their clients receive QOCS protection, and many struggling under coronavirus (COVID-19) may not wish to pursue valid claims as urgently. Clyde & Co has reassured its clients that draft rules for QOCS will be considered in May 2020 and should be introduced no later than the end of 2020 but will provide a further update once information is made available.