P ART 2 20 E XPENSES IN CIVIL LITIGATION 8 Restriction on pursuer’s liability for expenses in personal injury claims (1) This section applies in civil proceedings where— (a) the person bringing the proceedings makes a claim for damages for— (i) personal injuries, or 25 (ii) the death of a person from personal injuries, and (b) the person conducts the proceedings in an appropriate manner. (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 30 (b) any appeal in respect of the claim. (3) Subsection (2) does not prevent the court from making an award in respect of expenses 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— 35 (a) has acted fraudulently in connection with the claim or proceedings, or makes a fraudulent representation, Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill 5 Part 2—Expenses in civil litigation (b) behaves in a manner which is manifestly unreasonable in connection with the proceedings, or (c) otherwise, conducts the proceedings in a manner that the court considers amounts to an abuse of process. 5 (5) For the purpose of subsection (4)(a), the standard of proof is the balance of probabilities. (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. 10 9 Representation free of charge (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 15 provided free of charge. (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. (2A) In considering whether to make an order under subsection (2) and the terms of such an order, the court must have regard to— 20 (a) whether, had the representation not been provided free of charge, the court would have awarded expenses in respect of the representation, and (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— 25 (a) is registered in the Scottish Charity Register, and (b) has a charitable purpose (however described) of improving access to justice in 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...