Suspicious claims fears as qualified one-way costs shifting heads to Scotland

16 Oct 2019

Scottish courts will have to start grappling with more issues of honesty in personal injury claims, according to BLM partner Tony Murray.

 

Writing for Insurance Day, Tony believes that “Given the Scottish judicial approach to issues of honesty in personal injury litigation is, in general, materially different from the English legislatively governed approach on those matters, the introduction of QOCS to Scotland has the potential to increase the number of suspicious claims seen north of the border. In the past and now in Scotland, the costs or expenses of a personal injury court case tend to be awarded in favour of the ‘winning’ party against the ‘losing’ party. The traditional mantra is ‘expenses follow success’. QOCS will complicate the traditional position…”

 

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

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Tony Murray

Tony Murray

Partner,
Glasgow


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