Costs Of Litigation Review Launched

Author:Mr Craig Turnbull and Julie Hamilton

Hard on the heels of the Review Civil Litigation Costs in England and Wales by Lord Justice Jackson; and taking up the recommendation made by the Lord Justice Clerk, Lord Gill in his report of the Review of the Scottish Civil Courts, the Scottish Government has announced a review of the costs and funding of litigation in Scotland. The review will be undertaken by the current Sheriff Principal of Glasgow and Strathkelvin, James Taylor, and will commence when Sheriff Principal Taylor retires from the bench in April. The terms of reference for the review are to review the costs and funding of civil litigation in the Court of Session and Sheriff Court in the context of the recommendations of the Scottish Civil Courts Review, and the Scottish Government's Response to that review. Announcing the review, the Minister for Community Safety, Fergus Ewing MSP said: "It is this Government's desire to make Scotland a forum of choice for litigation and to ensure Access to Justice for all Scotland's population. This review will better inform the costs of litigation, the barriers which prevent access to the courts for some and consider what alternative options there may in the context of the Scottish Civil Courts Review conducted by Lord Gill." In undertaking this review, Sheriff Principal Taylor is to: consult widely, gather evidence, compare our expenses regime with those of other jurisdictions and have regard to research and...

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