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QOCS in Scotland Proposals Move Forward - Mike Kemp, Thorntons Law

13/07/17. On 28 June 2017 I, along with other Thorntons Law colleagues, attended at the group APIL Scotland meeting to discuss the details of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill. The purpose of the meeting was to allow the APIL Scotland representatives to gauge the membership’s views on the Bill before they appear before the relevant Scottish Parliament committee. There are a number of interesting parts to the Bill but the part I’d like to focus on in this article is Qualified One-Way Cost Shifting, or QOCS for short.

The present position with expenses is that although the court has discretion, generally an unsuccessful party will be found liable to pay the other side’s legal expenses. The new QOCS provision is designed to ensure that an injured person who is ultimately unsuccessful in their case does not need to pay the court expenses of the defender. QOCS is already in use in England & Wales but the provisions proposed in Scotland are not identical.

There are some exceptions to the rule that an injured person should...

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