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ARTICLE · 07 AUGUST 2020

"No Win, No Fee?"

Gilson Gray
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Our litigation team discuss the timely arrival of changes to litigation funding in Scotland amidst the COVID-19 pandemic.

United KingdomLitigation, Mediation & Arbitration
Caitlin Bell
Caitlin Bell

Our litigation team discuss the timely arrival of changes to litigation funding in Scotland amidst the COVID-19 pandemic.

The cost and risk of pursuing a claim can be a deterrent to many businesses and individuals raising court actions - particularly in the current economic climate. Further provisions of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 came into force on 27 April 2020. The 2018 Act implements the recommendations of the Taylor Review published in 2013, which was concerned with the way civil litigation is funded in Scotland.

The changes in the Scottish position relating to Success Fee Agreements better allow clients and solicitors to share the risks of litigation together. The primary objective of the reforms is to provide greater access to justice, along with greater predictability and transparency on costs. Such agreements therefore may be attractive to businesses with limited resources following the pandemic.

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