Scotland: QOCS rules agreed, will take effect from 30 June 2021

After a lengthy period of delay, the rules setting out the basis of the application of Qualified One-Way Costs Shifting ("QOCS") in personal injury claims in Scotland have been agreed and will take effect from 30 June 2021.

Section 8 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 effectively introduced QOCS into the Scottish legal system. However, in the absence of the appropriate commencement regulations and Act of Sedurunt, QOCS have yet to take effect on Scottish personal injury claims.

The first step, the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Commencement No. 4 and Transitional Provision) Regulations 2021 confirmed that section 8 of the Act will come into force on 30 June 2021, meaning that QOCS will apply to the following personal injury claims in Scotland:

• Actions raised after 30 June 2021.

These Regulations have provided the necessary impetus for the release of the Act of Sedurunt and necessary rules within.

We understand that the Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Qualified One-Way Costs Shifting) 2021 will be laid shortly, and will set out the extent to which QOCS will apply to those claims identified above.

Upon publication of the Act of Sederunt, we will provide an overview of the rules.