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Last updated:
10 June 2024
Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill as Passed
Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill [AS AMENDED AT STAGE 3] An Act of the Scottish Parliament to make provision about success fee agreements; to make provision about expenses in civil litigation; to make provision about the offices of the Auditor of the Court of Session, the auditor of the Sheriff Appeal Court and the auditor of the sheriff court; and to make provision about the bringing of civil proceedings on behalf of a group of persons. 5 P ART 1 S UCCESS FEE AGREEMENTS 1 Success fee agreements (1) In this Part, a “success fee agreement” is an agreement between a person providing relevant services (the “provider”) and the recipient of those services (the “recipient”) 10 under which the recipient— (a) is to make a payment (the “success fee”) to the provider in respect of the services if the recipient obtains a financial benefit in connection with a matter in relation to which the services are provided, but (b) is not to make any payment, or is to make a payment of a lower amount than the 15 success fee, in respect of the services if no such benefit is obtained. (2) In this section— “claims management services” means services consisting of the provision of advice or services, other than legal services, in connection with the making of a claim for damages or other financial benefit, including— 20 (a) advice or services in relation to— (i) legal representation, (ii) the payment or funding of costs associated with making the claim, (b) referring or introducing one person to another, (c) making inquiries, 25 “legal services” means services consisting of the provision of legal advice, assistance or representation, SP Bill 14B Session 5 (2018) 2 Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill Part 1—Success fee agreements “payment” includes a transfer of assets and any other transfer of money’s worth, “relevant services” means legal services or claims management services provided in connection with a matter— (a) which is the subject of civil proceedings to which the recipient is a party 5 before a Scottish court or tribunal, or (b) in relation to which such proceedings are in contemplation, “Scottish court or tribunal” means a court or tribunal established under the law of Scotland. (4) In this Part, the following terms, in relation to a success fee agreement, are to be 10 construed in accordance with this section— “payment”, “provider”, “recipient”, “relevant services”, 15 “success fee”. 2 Enforceability (1) A success fee agreement is not unenforceable by reason only that it is a pactum de...
Last updated:
10 June 2024
Revised Explanatory Notes Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill
Section 2 provides that a success fee agreement, and in particular a 4 damages based agreement , is not unenforceable only because it is pactum de quota litis (that is an agreement by a legal provider to accept a share of the proceeds of the litigation if it is successful, which would, but for this provision, otherwise be unenforceable).
Last updated:
20 September 2022
FPAC_FiscalFrameworkConsultationResponse_20Sept22
He considered that the current approach is that the taxpayer fairness principles are de-prioritised and the no detriment principles are prioritised to support a fiscal union between Scotland 11 and England. 31.
Official Report
Meeting date:
19 December 2018
Local Government and Communities Committee 19 December 2018
We are all very aware of the Islands (Scotland) Act 2018, many parts of which have not yet come into force.
Official Report
Meeting date:
24 January 2017
Meeting of the Parliament 24 January 2017
Will the Scottish Government ensure that the focus is on how many people it lifts out of fuel poverty, rather than on how many houses it insulates?
Official Report
Meeting date:
6 September 2022
Meeting of the Parliament (Hybrid) 06 September 2022
Stuart McMillan is right to say that too many people may die, but how many of them will die needlessly lying on gurneys in hospital waiting rooms and corridors?
Last updated:
8 December 2025
British Sign Language 4 December 2025
This is not a future risk but is happening now, with lifelong consequences Paragraph 76: For many Deaf people, BSL is not an additional language but their only language.
Last updated:
27 January 2025
Tartan Week Visit Report
The reception afforded the delegation an opportunity to meet with members of the Society as well as many of New York’s academic and business leaders.
Last updated:
5 December 2024
Budget_CabSecFLGToConvener_4Dec24
AI has been around for a very long time and at CivTech nearly all products and services it has delivered have had AI componentry for many years. The emergence of Large Language Models [LLMs] and Generative AI has changed the landscape because of their ability to profoundly transform just about every aspect of life.
Last updated:
14 November 2024
NCS Stage 2 letter from Minister
Most people told us that there is little acknowledgement of rights when they are getting support. Many people had heard of Human Rights but didn't know what impact these had in social care support.
