Question reference: S5W-34995
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
- Date lodged: 5 February 2021
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Current status: Answered by Humza Yousaf on 16 February 2021
Question
To ask the Scottish Government when it will implement qualified one-way costs shifting, which was legislated for under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, and what preparations it has made for any increase in cases raised by pursuer solicitor firms where cases have been held back due to any delay in implementation.
Answer
Qualified one-way costs shifting (QOCS) will be commenced as soon as possible.
Commencement needs to aligned with the production of court rules which are drafted independently of the Scottish Government by the Scottish Civil Justice Council. We are working closely with SCJC to ensure a smooth introduction and simultaneous commencement of the substantive provision in the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 with the relevant rules of court.
It will be for the Scottish Courts and Tribunals Service to ensure operational readiness for the introduction of QOCS and they will be fully sighted on the commencement arrangements