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Entries in costs (1)

Sunday
Nov272011

Civil litigation funding consultation

Sheriff Principal Taylor has launched a consultation on the expenses and funding of civil litigation in Scotland.  A consultation paper has been published setting out options following his preliminary review

In a section in the consultation on cost shifting, the following comment is made: "As a general rule, there is no award of expenses in family actions involving children.  Concern has been expressed to this Review, however, that family actions consume a disproportionate amount of the legal aid budget." 

"Cases proceed at great length and at considerable cost.  It is said that family cases involving children would never be conducted in the same manner if the parties were at risk of having to pay some of the expenses.  At a time when the Scottish Government is required to make savings and the legal aid budget is under pressure, it has been suggested that it would be fairer if some of the funding presently allocated to family actions was directed to other types of litigation."

FNF Scotland will be submitting evidence to the consultation, and we plan to ask members and other who use our services about their experience in a forthcoming survey.  In the mean time, we would welcome any comments on this topic.

Responses are due by 16 March 2012 and the final recommendations are due to be published by the end of 2012.