New bill to widen access to civil justice introduced
Legislation to make civil justice more affordable and accessible for all has today been published at Holyrood.
The Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill, if passed by Parliament, will:
Minister for Legal Affairs Annabelle Ewing said: “We know from Sheriff Principal Taylor’s review that the potential costs involved in civil court action can deter many people from pursuing legal action even where they have a justified claim. That is not acceptable and is something this bill will address by creating a more accessible, affordable and equitable civil justice system for Scotland.
“This legislation will expand the range of funding options available to pursuers while increasing protection from potentially crippling court costs. It will also, for the first time, allow multi-party actions in the Scottish civil courts – an important reform that will widen access to justice.”
Former Sheriff Principal James Taylor welcomed the bill which will implement those recommendations of his 2013 Review of the Expenses and Funding of Civil Litigation in Scotland which require primary legislation.
He said: “The proposals address some concerns which may cause people not to exercise their legal rights and ultimately their right to go to court.
“The fear of having to pay their own solicitor and also the legal costs of their opponents can be a significant deterrent. This bill provides for the setting of a straightforward formula, in personal injury and other civil cases, to enable a client to work out what his or her own lawyers can charge.
“It also removes the risk of having to pay their opponent’s costs in personal injury cases, provided they have acted properly.”