Chamber and committees

Under section 23 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, Scottish Ministers must review the operation of Parts 1 to 3 and report to the Scottish Parliament as soon as practicable after the end of the five-year period following Royal Assent. The intention behind this period was to allow sufficient time for those Parts to be fully in force and operating as intended before the review took place.

While some sections came into force on Royal Assent and others shortly thereafter, implementation of Qualified One-Way Costs Shifting (QOCS)—which sits within Part 2 —required detailed court rules. Work on these rules was delayed because urgent rule changes were needed to keep courts operating under COVID-19 restrictions. As a result, QOCS did not come into effect until June 2021.

The Act specifies that the review must include information on the effect of QOCS on access to justice and the administration of the courts. To provide a meaningful assessment based on robust and meaningful data, the review will therefore focus on five years of actual operation rather than five years from Royal Assent. This approach reflects the original policy intention.

The Scottish Government will publish the review once sufficient evidence has been gathered and analysed. This will be after QOCS has operated for five years, ensuring the review reflects its practical effects on access to justice and court administration.