Introduction of QOCS in Scotland

Qualified One Way Costs Shifting (QOCS) has been on the agenda of the Scottish Parliament and on the minds of Personal Injury practitioners and insurers since the Civil Litigation (Expenses and Group Proceedings) Act received Royal Assent back in 2018.

It had initially been thought that QOCS would be formally implemented in Scotland in early 2020 but it has been pushed back for various reasons, not least due to the Covid-19 pandemic. There has been a period of grace since QOCS became a consideration in Scotland and since then there’s been a growing concern amongst the insurance community that claimant firms have been stockpiling proceedings to ensure their clients have the costs protection it will afford. 

Legislation has now been passed implementing the provisions which will apply to all claims commenced after 30 June 2021. The procedural rules that will determine exactly how QOCS will work in practice will be clarified over the coming months. Then we will find out if stockpiling has been happening and we therefore experience an upsurge in claims.

Keoghs Scotland - has market leading experience and is dedicated to the areas anticipating the biggest increase in claims post-QOCS. We will provide you with guidance on how the new costs regime will work and strategies around the changes as soon as those are implemented in practice. If you have any queries in the meantime, or wish to discuss this development, please contact Calum Fife, Douglas Cowan, Emily Jeffrey or David Hennessy.