The Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill 2018 received Royal Assent on 5th June.

The Act introduces fundamental changes in personal injury actions including damages based agreements (DBAs) and Qualified One Way Cost Shifting (QOCS). The legislation will undoubtedly have a significant impact on the way claims are handled in Scotland and defence strategies.

Whilst some provisions will come into force later this year, full implementation will be staggered over a period of time. Key provisions, particularly in relation to QOCS, will require to be supplemented by rules of court which will now be referred to the Scottish Civil Justice Committee to take forward

A full copy of the Act can be found here (