We have been advised by the Scottish Civil Justice Council (SCJC), that delays to the commencement of Qualified One Way Costs Shifting (QOCS) rules have been brought about by the introduction of group proceedings rules, Brexit, Covid and resourcing pressures. The rules are now under active consideration by the relevant SCJC members.

As there have been changes of substance, the rules have been referred back to SCJC members for consideration.  The revised rules instrument is with members of the SCJC Costs and Funding Committee for consideration and their views are expected by close of business on 29 January.

Assuming they are content with the draft, they intend to share them with the SCJC Personal Injury Committee for two weeks, prior to issuing it to Council for approval. Timescales are contingent on members’ views but, it is hoped they will be approved by Council in mid-March. 

The Scottish Courts and Tribunals Service (SCTS) has requested a three-month period between the rules being finalised and their coming into force, to allow them to make the necessary changes to their systems. Consequently and as things currently stand, the anticipated commencement date, is around mid-June.

Qualified One Way Cost Shifting

The Right Hon Lord Carloway has written to the Law Society, confirming his expectations regarding the rules to implement Qualified One Way Cost Shifting (QOCS).