Every personal injury solicitor in Scotland will no doubt be all-too-familiar with Qualified One-Way Cost Shifting (or “QOCS” as we’ve all taken to referring to it by way of shorthand, because “Qualified One-Way Cost Shifting” is a bit of a tongue-twister). Brought in by way of the Civil Litigation (Expenses and Group Proceedings (Scotland) Act 2018 (“the Act”), QOCS came into force in Scotland on 30 June 2021, and has enormously altered the landscape of expenses in personal injuries actions. Under section 8(4) of the Act, courts are not permitted to make an award of expenses against a Pursuer except where they failed to conduct the proceedings appropriately.
There has been a growing prevalence and normalisation of non-surgical cosmetic procedures associated with the rise of social media, the increasing accessibility and affordability of high street providers and the advancement of technologies and products in this field. Procedures such as botulinum toxin (“Botox”), anti-wrinkle injections, cosmetic fillers (“dermal fillers”), chemical peels and energy-based treatments, are growing in popularity, with new procedures rapidly emerging onto the market. Evidence suggests that most non-surgical cosmetic procedures are carried out by private providers.
Two further decisions have been issued by the All-Scotland Personal Injury Court on the issue of QOCS. Both judgments come from Sheriff Campbell KC and add to a growing body of case law.
On 26 October 2023, the Economic Crime and Corporate Transparency Bill received Royal Assent becoming the Economic Crime and Corporate Transparency Act 2023 (the “Act”). The Act introduces a series of a new laws, providing UK authorities with enhanced regulatory powers to disrupt fraudulent trading and to seek to prevent exploitation of the UK’s economy.
UK businesses should be reviewing compliance programmes and contracts ahead of the introduction of a new offence hitting the statute books – failure to prevent fraud.
