Funding Personal Injury Litigation in Scotland

2021 is a landmark year in the funding of personal injury litigation in Scotland. Long awaited changes in relation to damages based agreements (DBAs) and qualified one way cost shifting (QOCS) have finally been implemented. This concise work is essential reading for anyone practicing in the field of personal injury, whether acting principally for insurers or pursuers. As well as including all the key statutory provisions, the book looks to cases in other jurisdictions with similar (but not identical) provisions and analyses how relevant those cases might be in this jurisdiction.

ABOUT THE AUTHOR

Robert Milligan is ranked as a leading silk in both Legal 500 and Chambers UK and is rated as the Star Individual for Personal Injury work in Chambers UK. He has a particular interest in product liability claims, fatal claims and catastrophic injuries. He was instructed by the defenders in the Vioxx litigation and acts for the pursuers in the group litigations relating to metal on metal hips, diesel emissions and vaginal mesh implants. He speaks and writes regularly on personal injury related matters, particularly in relation to damages.

Robert is a legal chairman of the War Pensions Appeal Tribunal and sits on the SRU Discipline Panel. In 2017 he represented the Scotland player Ryan Wilson following an incident in the Calcutta Cup match of that year. He is a member of the Scottish Civil Justice Council Working Group on Group Proceedings.

CONTENTS

Chapter 1. Introduction
Chapter 2. Historical Background
Chapter 3. Civil Legal Aid
Chapter 4. Speculative Actions and Contingency Fees
Chapter 5. Qualified One-Way Costs Shifting (QOCS)
Chapter 6. QOCS Cases in England and Wales
Chapter 7. Irish Caselaw
Chapter 8. Tenders and Pursuers’ Offers
Chapter 9. Recovery of Judicial Expenses
Chapter 10. QOCS Appeals
Chapter 11. Conclusions and Possible Future Developments