PI Brief Update

The Taylor Review - David Taylor, Forum of Insurance Lawyers

17/05/12. In May of last year Sheriff Principal Taylor began a review of the expenses and funding regimes of litigation in Scotland. The Taylor Review was commenced under the recommendation of the Lord Justice Clerk, Lord Gill, to conduct an independent inquiry into the expenses regime of civil litigation in Scotland and its funding in the context of the recommendations of the Scottish Civil Courts Review. With the consultation now closed, it falls upon Sheriff Principal Taylor to incorporate the responses he invited from the legal world before submitting his final report to Scottish Ministers for further consideration.

FOIL does not believe the Scottish costs/expenses system requires such a radical review or revision as has been required in England and Wales. Scotland has not experienced the problems which have arisen from referral fees, success fees, ATE insurance and satellite costs litigation. We believe therefore that there are dangers in seeking to address such issues as may validly arise from the costs/expenses system in Scotland by applying the solutions arrived at in England and Wales.

In Scotland there is a long tradition of...

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