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Consultation on Expenses and Funding of Civil Litigation Bill

DescriptionScottish Ministers are inviting views on proposals for primary legislation aimed at increasing access to justice by enhancing funding options and creating greater predictability and certainty in relation to the costs of litigation.
ISBN9781785440793
Official Print Publication Date
Website Publication DateJanuary 30, 2015

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ISBN 978 1 78544 079 3 (Web only publication)
PPDAS 43658

This document is also available in pdf format (1.7MB)
The respondent information form and consultation questionnaire are available in MS Word format (665k)

Contents

Ministerial Foreword

Responding to this consultation paper

Glossary of Terms

Introduction

Background to Taylor and Gill reviews

Coverage of this consultation

Legislative Proposals

Chapter 1: Proposals Arising from Sheriff Principal Taylor's Review
A. Speculative Fee Agreements
B. Damages Based Agreements
C. Qualified One-way Costs Shifting
D. New powers for the Scottish Civil Justice Council
E. Counsel's Fees

Chapter 2: Proposals arising from Lord Gill's Scottish Civil Courts Review
A. Multi-party Actions
B. Auditors of Court
C. Court's Powers in Respect of Conduct of Legal Representatives

Chapter 3: Legal Aid Provisions
A. Legal Aid for Legal Persons
B. Funder of Last Resort

Chapter 4: Assessing Impact: Equality, Business and Regulation

Conclusion

Annex A: Relevant Sheriff Principal Taylor recommendations

Annex B: Relevant Lord Gill recommendations

Annex C: Respondent Information Form and Consultation Questionnaire