Litigation Funding in Scotland - All You Need to Know
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 
- 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?
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme