header-logo header-logo

01 October 2013 / Jenny Dickson
Categories: Opinion , Costs
printer mail-detail

McJackson?

Is the Taylor Review the Scottish Jackson, asks Jenny Dickson

“Improving access to justice in a meaningful way” lies at the heart of the Taylor Review of Expenses and Funding of Civil Litigation in Scotland. That has been the guiding principle behind Sheriff Principal Taylor’s numerous recommendations. 

The headlines are the introduction of qualified one way costs shifting (QOCS) and damages based agreements (DBAs). Both are major changes to the expenses landscape in Scotland, but ones which England has been discussing for years following the 2009 Report by Lord Justice Jackson. So can Taylor just be described as “McJackson”?

Changes to the costs regime in England & Wales and the likely effect of those changes on both the English and the UK claims market have influenced Taylor. Further, there is the continued concern (felt in both jurisdictions) of “forum shopping”. Both legal systems wish to ensure that they are fair and sufficiently attractive to encourage claimants to raise litigation in their courts.

That said, the Scottish

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll