header-logo header-logo

Home Login E-newsletter About us
13 July 2018 / John MacKenzie
Issue: 7801 / Categories: Features , Procedure & practice
printer mail-detail

Civil litigation reform in Scotland—what next?

© Copyright LexisNexis 2026. All Rights Reserved.
nlj_7801_mackenzie

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
Read All
NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
NLJ this week: Mazur ruling puts firms on supervision alert
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
NLJ this week: Landlords’ forced entry powers spark legal divide
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
NLJ this week: Push to scrap ‘vague’ public office misconduct law
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
Copyright © 2026 LexisNexis
back-to-top-scroll