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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