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ARTICLE · 26 JULY 2023

Another QOCS Knock Back For Defenders

Weightmans LLP
Weightmans LLP
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Weightmans LLP

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The case of Elizabeth Love v National Health Service Fife Health Board [2023] 23 Edin 18, is the latest case to highlight the battle defenders face in attempting to persuade...

United KingdomInsurance
Lorna Ferguson
Lorna Ferguson

Battle still on to persuade courts to find an exception to the rules set out in the Civil Litigation Act 2018 when considering the application of...

The case of Elizabeth Love v National Health Service Fife Health Board [2023] 23 Edin 18, is the latest case to highlight the battle defenders face in attempting to persuade the court to find an exception to the rules set out in Section 8 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 when considering the application of Qualified One -Way Costs Shifting.

The judgement in this case once again afforded the pursuer protection from a finding of expenses against her despite the perceived inadequacies in her case which Sheriff Fife found "unusual, but not exceptional." This of course follows the Sheriff's findings in the previously reported case of Lennox v Iceland Foods Ltd [2022] SC Edin 42. When considering the circumstances in Love, the message seems to be re-iterated from Lennox that the

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