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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll