header-logo header-logo

Civil litigation reform in Scotland—what next?

13 July 2018 / John MacKenzie
Issue: 7801 / Categories: Features , Procedure & practice
printer mail-detail
nlj_7801_mackenzie

John MacKenzie considers how well the Gill Review reforms, including DBAs, will work in Scotland & compares them to the Jackson reforms

  • Considers how the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 will work.
  • Looks at DBAs, third party funding and group proceedings
  • Compares the reforms of Scotland’s Gill & England & Wales’ Jackson

On 1 May 2018 the Scottish Parliament passed the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act Bill. Now that it has Royal Assent it is the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. But what effect will the Act have, and what’s next for civil litigation in Scotland?

Reform of the Scottish courts has been proceeding slowly.

The Gill Review

This is the latest step in a process of reform. Lord Gill’s review on the civil courts in Scotland started the latest push for reform and was published on 30 September 2009.

At that time Lord Gill said: For the last 20 years, the Court of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
back-to-top-scroll