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13 July 2018 / John MacKenzie
Issue: 7801 / Categories: Features , Procedure & practice
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Civil litigation reform in Scotland—what next?

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John MacKenzie considers how well the Gill Review reforms, including DBAs, will work in Scotland & compares them to the Jackson reforms

  • Considers how the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 will work.
  • Looks at DBAs, third party funding and group proceedings
  • Compares the reforms of Scotland’s Gill & England & Wales’ Jackson

On 1 May 2018 the Scottish Parliament passed the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act Bill. Now that it has Royal Assent it is the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. But what effect will the Act have, and what’s next for civil litigation in Scotland?

Reform of the Scottish courts has been proceeding slowly.

The Gill Review

This is the latest step in a process of reform. Lord Gill’s review on the civil courts in Scotland started the latest push for reform and was published on 30 September 2009.

At that time Lord Gill said: ‘ For the last 20 years, the Court of

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