Susanne's Civil Litigation Herald Article

The Civil Litigation (Expenses and Proceedings) Bill publication written by Suzanne Mc Graw reaches over 30,000 readers across Scotland.

One of the senior solicitors at Watermans had written a commentary piece in favour of new personal injury legislation put forward by the Scottish Government.

In her article for The Herald, Suzanne explains why new legislation aims to improve the way in which civil litigation is funded and administered in Scotland, creating greater access to justice for everyone.

The two key changes proposed in the bill were introduction of a Damages Based Agreement (DBAs) between a solicitor and their client, regulating the fees solicitor will receive if a case succeeds and introducing qualified one-way costs shifting (QOCS) which means the losing party would not have to cover costs if the claim fails.

Proposed reforms should allow solicitors to take on cases where there is no immediate guarantee of success, and stop them attempting to get a higher amount of damages awarded.

Planned bill allows defenders to apply for a Decree of Expenses in cases where pursuers have to bear their own costs of litigation.

Suzanne McGraw, who wrote the article, said:

“Whilst parties such as insurers, who are often the defenders in civil litigation cases, may not welcome the bill, it provides clarity to everyone involved in a case on the expenses involved. It undoubtedly improves the funding options available to those who suffer a personal injury.”