Qocs

The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 introduced important changes in relation to the way expenses are dealt with in personal injury litigation, writes Sarah Ennis. An unsuccessful pursuer is no longer responsible for meeting their opponent’s expenses,

Jill Sinclair looks at a recent QOCS success for DWF. DWF were instructed on behalf of RSA to defend two injury claims, arising from a road traffic accident. RSA's insured admitted slightly touching the vehicle behind, occupied by the pursuers, while he was reversing into a parking bay.

Digby Brown has succeeded in challenging a defender’s argument to have Qualified One-Way Cost Shifting (QOCS) disapplied following the alleged ‘constructive abandonment’ of the pursuer’s claim against the first defender, writes Elise Camilleri-Brennan. The pursuer, a sel

Law firm HF Scotland and Zurich have secured a significant judgment in which a specialist sheriff in the All-Scotland Sheriff Personal Injury Court disapplied QOCS protection due to a pursuer’s fraudulent representation and manifestly unreasonably conduct, sending a clear message that dishones

Keoghs Scotland along with Screwfix, a client of its corporate sector risks retail team, has been successful in the first reported decision on abandonment in the era of qualified one way cost shifting (QOCS) in Scotland in the case Alan McRae v Screwfix and Royal Mail. This is also the first reporte

New rules have been introduced into Scottish courts that mean from 30 June, the majority of parties seeking damages for personal injuries or death will not be liable for the expenses of their opponent if their action fails, writes Bruce Craig. The rules represent a fundamental change in the way expe

A new act of sederunt provides court rules to support legislation introducing the procedure of Qualified One-Way Costs Shifting, which will apply in civil proceedings for damages for personal injury or death. The principle of the new procedure is that the court must not make an award of expenses aga

Greg MacDougall reflects on access to justice and looks at the past, present and future of the resolution of claims in Scotland The promotion of access to justice for the resolution of claims in a fair and balanced way is an admirable aim. How should we gauge access to justice?