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MSPs back changing compensation claims 21/12/2017 MSPs on Holyrood’s Justice Committee have unanimously backed a proposed law that changes the costs for people bringing a civil claim to court in Scotland.

MSPs back changing compensation claims

MSPs on Holyrood’s Justice Committee have unanimously backed a proposed law that changes the costs for people bringing a civil claim to court in Scotland.

The Civil Litigation Bill proposes improving access to civil justice through a range of measures. This includes regulating ‘no win, no fee’ agreements, which should make the costs that a person will pay to their own solicitor more predictable. It also means that most people who bring a personal injury claim won’t have to pay the defenders’ costs, even if their claim isn’t successful. Additionally, the Bill allows group proceedings to be brought in Scotland for the first time.

Although backing the general principles, the Committee has stated that the Scottish Government must commit to reviewing the law in practice. In particular, it wants the Government to reassess concerns that the changes may lead to a rise in fraudulent claims or a compensation culture. The Committee also wants to see changes to the Bill that provide more safeguards for people when a solicitor takes on their case through a no win, no fee arrangement.

The Committee is also urging the Scottish Government not to bring the new law into force until claims management firms in Scotland are regulated. This is an area in which the Scottish Government has already moved, following correspondence from the Justice Committee.

The Bill can be found here and the Justice Committee web page on the Bill is here.

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