(This note is not part of the Regulations)
Regulation 2 of these Regulations brings into force certain provisions of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (“the 2018 Act”) on 30 June 2021.
Section 8 of the 2018 Act introduces a restriction on the liability for expenses of pursuers in personal injury claims. Section 12(2) aligns the reasonableness test in the Courts Reform (Scotland) Act 2014 for expenses in simple procedure cases with section 8(4)(b) of the 2018 Act. Section 13 defines “legal representative” for the purposes of Part 2 of the 2018 Act.
Regulation 3 is a transitional provision which applies sections 8, 12(2) and 13 to claims or proceedings entered into on or after 30 June 2021. Where proceedings are entered into on or after that date, section 8 of the Act does not apply to any work conducted on the claim in advance of proceedings being commenced.
The Bill for the 2018 Act received Royal Assent on 5 June 2018. Sections 24 to 28 came into force on the following day and section 23 came into force on 5 August 2018.