This week saw The Damages (Investment Returns and Periodical Payments) (Scotland) Bill being unanimously passed by the Scottish Parliament following the third stage of debate. The purpose of the legislation is to put in place a statutory methodology for calculating the discount rate and to provide the Scottish courts with the power to impose periodical payments for certain future losses.
As part of the programme of ongoing reform following Sheriff Principal Taylor’s Review of Expenses and Funding of Civil Litigation in Scotland, new rules will soon come into force regarding taxation of expenses in civil proceedings. The rules come into force on 29 April 2019 and will apply to proceedings raised in the Court of Session, Sheriff Appeal Court and Sheriff Court from that date. We identify some of the key changes:
When many of us were busy stuffing the turkey, wrapping parcels and putting the last minute Christmas preparations in place, there were some significant legislative developments in the personal injury sector which you might have missed amongst the festivities. In the week before Christmas, the Civil Liabilities Bill (applicable to England and Wales only) received Royal Assent from Westminster and the Prescription (Scotland) Bill received Royal Assent from the Scottish Parliament. January seems a fitting time to look at the progress of the various pieces of legislation through Parliament.
Craig Anderson v John & Antoinette Imrie  CSIH 79. The Inner House of the Court of Session has issued an opinion which provides some helpful guidance on Pursuers’ Offers. BTO were instructed for the Defenders and Reclaimers and were successful in opposing the Pursuer and Respondent’s motion for an uplift on expenses in terms of RCS 34A.9.
One of the key provisions within the Civil Litigation (Expenses in Group Proceedings) (Scotland) Act 2018 (the Act) is its introduction of Qualified One way Costs Shifting (QOCS). The provisions on QOCS seek to address the purported imbalance between the individuals and insurers by restricting the costs payable by a pursuer if their claim is unsuccessful. In practical terms, QOCS operates in a pursuer’s favour protecting them from an adverse costs finding, provided they have conducted the litigation reasonably and appropriately.