Kelly Brotherhood

Kelly Brotherhood, senior associate, Clyde & Co, was admitted as a solicitor in Scotland in 2010 and has worked predominantly in defending personal injury claims since qualification. In fact, Kelly had considerable experience in defending such claims even before admission as a solicitor because she worked from the position of office junior at the same firm where she then trained and qualified.

Kelly has been closely involved at the developing edge of Scottish case law on aspects of Qualified One-way Costs Shifting (QOCS), including having secured awards of expenses following findings of “manifestly unreasonable” behaviour and having secured a first instance finding of “a fraudulent representation”, believed to be the first in Scotland albeit that the first instance conclusion on the point and in that case has recently been reversed on first appeal.

Kelly is, therefore, ideally placed to speak about what we have learned about Scottish QOCS so far and what questions in this area might not, yet, have clear “one right answers”.