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ARTICLE · 19 NOVEMBER 2018

Civil Litigation (Expenses And Group Proceedings) (Scotland) Act 2018

Shepherd and Wedderburn
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We previously covered this topic at the end of last year when the Act was still a Bill and you can read that article here.

United KingdomLitigation, Mediation & Arbitration

We previously covered this topic at the end of last year when the Act was still a Bill and you can read that article here.

The Act received Royal Assent on 5 June 2018, which is just over a year after it was first introduced to the Scottish Government as a Bill. However, it marks the end of a long process that began with Lord Gill's review of the Civil Courts in Scotland back in September 2009 and Sheriff Principal Taylor's Review of Expenses and Funding of Civil Litigation in Scotland, which followed in October 2013.

The principal policy objective of the Act is to increase access to justice by creating a more accessible, affordable and equitable civil justice system. Primarily, this is going to be achieved by making the costs of court action more predictable and increasing the funding options available to those pursuing civil claims. However, the Act also makes changes to the role of Auditors of Court and introduces the prospect of group proceedings (a type

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