Government issues consultation paper on civil litigation funding

A consultation on proposed legislation on the expenses and funding of civil litigation has been published by the Scottish Government.

Ministers say that, following the Taylor Review, they plan to introduce legislation to "create a more accessible, affordable and equitable civil justice system in Scotland".

The Consultation Paper which can be viewed at http://www.scotland.gov.uk/Resource/0046/00469240.pdf considers specifically the Scottish Government’s plans to:

• Introduce a capping mechanism for speculative fee agreements;
• Allow damages based agreements to be offered to clients by solicitors in Scotland and to be capped to the same extent as speculative fee agreements;
• Introduce a system of qualified one-way costs shifting in personal injury cases;
• Introduce technical powers to enable the Scottish Civil Justice Council to implement some aspects of Sheriff Principal Taylor's review;
• To make provision for legal aid in relation to "funder of last resort" and the availability of legal aid for legal persons in certain circumstances;
• Confer on the Court of Session the power to develop a table of fees for counsel.

James Wolffe, QC, Dean of Faculty, said: "An accessible, effective and efficient civil justice system is fundamental to a just and prosperous society. In that regard, getting the rules on expenses and the arrangements for funding civil litigation right is important. The Faculty will consider the proposals in this Consultation Paper in detail and will respond to the consultation in due course."