Proposals aimed at making civil justice more affordable

Proposals for new laws offering protection from “potentially crippling court costs” in Scottish civil cases have been put forward.

The Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill, aimed at making civil justice more affordable and accessible, has been published in the Scottish Parliament.

If passed by MSPs, the Bill will protect people who lose personal injury claims from hefty expenses and make the cost of court action more predictable from the start.

The legislation will also enable solicitors to offer a type of “no win, no fee” agreement for the first time, where the fee is calculated as a percentage of the damages recovered and will create a sliding cap mechanism to make the legal fees in such cases more predictable.

The Bill will enable groups of people pursuing the same or similar claims against the same defender or defenders to sue collectively in the civil courts, unlike the current situation where such cases have to be pursued separately.

The new law will act on the recommendations from former sheriff principal James Taylor’s 2013 review of the expenses and funding of civil litigation in Scotland.

Legal affairs minister Annabelle Ewing said: “We know from Sheriff Principal Taylor’s review that the potential costs involved in civil court action can deter many people from pursuing legal action even where they have a justified claim.

“That is not acceptable and is something this Bill will address by creating a more accessible, affordable and equitable civil justice system for Scotland.

Sheriff Taylor said: “The proposals address some concerns which may cause people not to exercise their legal rights and ultimately their right to go to court.

“This Bill provides for the setting of a straightforward formula, in personal injury and other civil cases, to enable a client to work out what his or her own lawyers can charge.

“It also removes the risk of having to pay their opponent’s costs in personal injury cases, provided they have acted properly.”