QOCS in Scotland with Robert Milligan KC

Introduction

Most personal injury claims currently being litigated in Scotland are now covered by Qualified One Way Cost Shifting.

There is little case law as yet in Scotland and so it makes sense to look to cases in England and Wales for guidance, since QOCS have been in force there for several years now. However, the rules are different there and it is important to understand the limitations of the case law from south of the border. This is true for both pursuers and defenders.

What You Will Learn

This webinar will cover the following:

• Part 2 of The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, with particular reference to section 8
• Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Qualified One-Way Costs Shifting) 2021
• Lennox v Iceland Foods Ltd
• Gilchrist v CC, Police Scotland
• The role of tenders in the new regime
• Howlett v Davies
• Incidental expenses and the significance of Ho v Adelekun

This webinar was recorded on 31st July 2023

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