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Last updated:
10 June 2024
Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill as Passed
P ART 2 E XPENSES IN CIVIL LITIGATION 8 Restriction on pursuer’s liability for expenses in personal injury claims 5 (1) This section applies in civil proceedings where— (a) the person bringing the proceedings makes a claim for damages for— (i) personal injuries, or (ii) the death of a person from personal injuries, and (b) the person conducts the proceedings in an appropriate manner. 10 (2) The court must not make an award of expenses against the person in respect of any expenses which relate to— (a) the claim, or (b) any appeal in respect of the claim. (3) Subsection (2) does not prevent the court from making an award in respect of expenses 15 which relate to any other type of claim in the proceedings. (4) For the purposes of subsection (1)(b), a person conducts civil proceedings in an appropriate manner unless the person or the person’s legal representative— (a) makes a fraudulent representation or otherwise acts fraudulently in connection with the claim or proceedings, 20 (b) behaves in a manner which is manifestly unreasonable in connection with the claim or proceedings, or (c) otherwise, conducts the proceedings in a manner that the court considers amounts to an abuse of process. (5) For the purpose of subsection (4)(a), the standard of proof is the balance of probabilities. 25 (6) Subsection (2) is subject to any exceptions that may be specified in an act of sederunt under section 103(1) or 104(1) of the Courts Reform (Scotland) Act 2014. (7) In subsection (1)(a), “personal injuries” include any disease and any impairment of a person’s physical or mental condition. 9 Representation free of charge 30 (1) This section applies in civil proceedings where— (a) a party to the proceedings is represented by a legal representative, and (b) some (or all) of that representation is provided free of charge. (1A) The party must disclose to the court the fact that some (or all) of the representation is provided free of charge. 35 (2) The court may order a person to make a payment to the charity designated under subsection (3) in respect of the representation which was provided free of charge. 6 Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill Part 2—Expenses in civil litigation (2A) In considering whether to make an order under subsection (2) and the terms of such an order, the court must have regard to— (a) whether, had the representation not been provided free of charge, the court would have awarded expenses in respect of the representation, and 5 (b) if so, what the terms of the award would have been. (3) For the purposes of subsection (2), the Lord President of the Court of Session must designate a charity which— (a) is registered in the Scottish Charity Register, and (b) has a charitable purpose (however described) of improving access to justice in 10 respect of civil proceedings in Scotland. (3A) Subsection (2) does not apply in relation to representation provided under section 28 of the Equality Act 2006 (legal assistance). (4) In this section, “free of charge” means otherwise than for or in expectation of a fee, gain or reward. 15 10 Third party funding of civil litigation (1) This section applies where a party to civil proceedings receives financial assistance in respect of the proceedings from another person (whether directly or through an intermediary) who is not a party to the proceedings (“the funder”). (2) The party receiving financial assistance must disclose to the court— 20 (a) if known to the party, the identity of the funder and any intermediary, and (b) the nature of the assistance being provided. (2A) If the funder has a financial interest in respect of the outcome of the proceedings— (a) the party receiving the assistance must disclose that interest to the court once the substantive issues in dispute in the proceedings have been decided or otherwise 25 resolved, and (b) the court may make an award of expenses against the funder and any intermediary. (2B) Subsection (2A) does not apply where the assistance is provided— (a) under a success fee agreement (within the meaning of section 1), 30 (b) by a trade union or similar body which represents the interests of workers. (3B) This section does not apply where the assistance is provided in respect of family proceedings by— (a) the spouse or civil partner of the party receiving the assistance, (b) a person living...
Last updated:
11 December 2023
Guiding principles on the environment and environmental governance ESS IN
. • It is disappointing that the review does not consider concerns that have also been referred to the ACCC in 2017, regarding access to justice, in particular that judicial review in the Court of Session does not allow for challenge to the substantive legality of decisions, acts, or omissions subject to the provisions of the Convention (i.e. the Court of Session allows for procedural legality review, but not merit-based review, contrary to the Convention requirements that both types of review be made available for eligible challenges). This is a live...
Last updated:
5 September 2023
DecisionMaking_DFMToConvener_31Aug23
Impact Assessments form a crucial component of the approach to decision-making on the spectrum of activities that contribute to the Scottish Government’s actions to improve the lives of the people of Scotland. The approach we take to Impact Assessments draws together in a systematic way an assessment of a wide range of likely effects arising from a proposed...
Last updated:
1 June 2023
Minimum core obligations concepts 31 May 2023
Using a participative model to help develop the core content of rights, including the minimum core, is novel in the sense that it embeds the expertise of lived experience in giving meaning and content to the rights from the outset.
Last updated:
27 July 2022
RoyalCollegeofGeneralPractitionersevidenceandpositionstatement7June2022
Trans people may or may not decide to alter their bodies hormonally and/or surgically. Transsexualism: The desire to live and be accepted as a member of the opposite sex, usually accompanied by the wish to have treatment to make a person’s physical appearance. more consistent with their gender identity. 3 AN RCGP POSITION STATEMENT CURRENT GENDER IDENTITY S...
Last updated:
13 June 2022
SSI Tracker Monday 13 June 2022
Scottish Parliamentary Corporate Body Information on the Scottish Parliament’s copyright policy can be found on the website - www.parliament.scot or by contacting Public Information on 0131 348 5000 Published in Scotland by the Scottish Parliamentary Corporate Body All documents are available on the Scottish Parliament website at: www.parliament.scot/documents For information on the Scottish Parliament contact Public Information on: Telephone: 0131 348 5000 or 0800 092 7500 Email: [email protected] Live...
Last updated:
9 May 2022
SSI Tracker Monday 9 May 2022
Scottish Parliamentary Corporate Body Information on the Scottish Parliament’s copyright policy can be found on the website - www.parliament.scot or by contacting Public Information on 0131 348 5000 Published in Scotland by the Scottish Parliamentary Corporate Body All documents are available on the Scottish Parliament website at: www.parliament.scot/documents For information on the Scottish Parliament contact Public Information on: Telephone: 0131 348 5000 or 0800 092 7500 Email: [email protected] Live...
Last updated:
21 April 2022
20220321 Letter from Welsh parliament re common frameworks
The framework recognises that public health protection policy aims to protect populations living across geographical regions and international boundaries.
Last updated:
28 March 2022
SSI Tracker Monday 28 March 2022
Scottish Parliamentary Corporate Body Information on the Scottish Parliament’s copyright policy can be found on the website - www.parliament.scot or by contacting Public Information on 0131 348 5000 Published in Scotland by the Scottish Parliamentary Corporate Body All documents are available on the Scottish Parliament website at: www.parliament.scot/documents For information on the Scottish Parliament contact Public Information on: Telephone: 0131 348 5000 or 0800 092 7500 Email: [email protected] Live...
Last updated:
17 March 2022
20220310_CCUS_Anderson
For this submission the breadth of forestry-related issues – from how terrestrial carbon is always vulnerable to re-emission (i.e. issues of permanence), through to temporal differences in land and fossil-fuel carbon cycles – are considered sufficient reason to exclude NbS from compensating directly for fossil fuels emissions. 2.4 CDR to balance residual emissions from agriculture A key caveat to the role of CDR in relation to carbon dioxide budgets and fossil fuels is that emissions of all long-lived...
