Funding Personal Injury Litigation in Scotland - Second Edition

Since the introduction of damages based agreements (DBAs) and qualified one way cost shifting (QOCS) in 2021, there has been a recent slew of cases in Scotland. 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 analyses those recent cases and also some in other jurisdictions with similar (but not identical) provisions.

ABOUT THE AUTHOR

Robert Milligan KC 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 senior counsel for the pursuer in the leading case on QOCS in Scotland. 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. 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