New Bill to reform cost of going to court could help access to justice

James Mcgachie welcomes Scottish Government plans over legal expenses in civil action cases

The potential costs involved can deter many people from pursuing legal action in a civil court, even where they have a justified claim.

The fear of having to pay their own solicitor and also the legal costs of their opponents can be a significant deterrent. This potential liability can cause people not to exercise their legal rights and ultimately their right to go to court.

That’s why being able to predict the cost of resolving disputes is, understandably, a key issue.

For some time there has been discussion of how the current position, where in many cases a successful party will receive back no more than two-thirds of its costs outlays, should be reformed.

The recently published Civil Liti- gation (Expenses and Group Proceedings) (Scotland) Bill that sets out the Scottish Government’s proposals to change the way civil litigation is funded, is therefore a welcome development. It follows on from Sheriff Principal Taylor’s Review of Expenses and Funding of Civil Litigation in Scotland in 2013.

The principal policy behind the Bill is to “increase access to justice by creating a more accessible, affordable and equitable civil justice system”. The Bill seeks to make the costs of civil actions more predictable and expand on the funding options available to pursuers.

The Bill introduces a sliding cap to make legal fees in such cases clearer and protect people from a large expenses bill if they do not win personal injury claims. It will also