The question of when the provisions of the Civil Litigation
(Expenses and Group Proceedings) Act will come into force looks set
to be answered.
Whilst the Act received Royal Assent in 2018, a commencement
order giving effect to it has not yet been introduced. However, our
information is that two separate commencement orders, addressing
different parts of the Act, will be issued in the coming
months.
Commencement Orders
We understand that the first order, relating to the use of
Damages Based Agreements in Scotland, is expected to be issued in
December 2019.
A second order, implementing Qualified One-Way Costs Shifting
(QOCS) in Scotland, is expected to be issued in the first few
months of 2020.
