header-logo header-logo

Civil litigation reform in Scotland—what next?

13 July 2018 / John MacKenzie
Issue: 7801 / Categories: Features , Procedure & practice
printer mail-detail
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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll