CPD Hours Level
Seminar 3 UpdateInformation
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The Civil Litigation (Expenses and Group Proceedings) Act revolutionises the funding of civil litigation in Scotland, particularly for personal injury practitioners.

Implementing the recommendations of the Taylor Report of 2013, the Act introduces Damages Based Agreements, Qualified One Way Cost Shifting and a new opt in procedure for group litigation.

This course will provide an essential analysis of how this will affect practitioners.

What You Will Learn

This course will cover the following:

  • What is a damages based agreement and how do they work?
  • When can you or counsel charge a success fee and how much can you charge?
  • What lessons can be learned from the experiences of the English Courts in this area?
  • How do the provisions of the Bill compare with the provisions of section 57 of the Criminal Justice and Courts Act 2015 and Summers v Fairclough Homes?
  • How has the approach to questions of 'fundamental dishonesty' of the English courts differed from that of the Scottish courts - Grubb v Finlay [2017]
  • Should a pursuer who massively exaggerates his claim lose all entitlement to damages?
  • What is a partial damages based agreement?
  • What is qualified one way costs shifting?
  • What are the qualifications to QOCS and when will a pursuer lose the protection afforded by it?
  • How will the new procedure for group actions work?
  • How does it compare with existing procedure in group actions such as Vioxx, metal hips and mesh implants?

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Discounts are available for multiple places and if you have 5 or more people interested in this course and would like to discuss holding it in your area or on an in-house basis then please email us at information@mblseminars.com
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