Sheriff Principal Taylor is leading an independent inquiry for the Scottish Government into the subject of Expenses and Funding in Civil Litigation in Scotland. The consultation paper was released in November and can be accessed by clicking here. The consultation period is open until mid-March, and Sheriff Principal Taylor invites comments from interested parties. At the end of the consultation period, he will present his recommendations to the Scottish Government for consideration.

The review covers a wide range of topics including:

  • The Cost of Litigation;
  • Access to Justice;
  • Enhancing the Predictability of the Cost of Litigation; and
  • Speculative Fee Arrangements.

As such, the results of this Review could have considerable effect on the future of expenses and funding of civil litigation in Scotland.

Shepherd and Wedderburn has been asked by Sheriff Principal Taylor to provide comments to this consultation paper, both by way of written comments as well as through direct discussions with him. This will enable us to put forward our views and recommendations on this matter to best ensure that our clients’ interests are considered in this Review.

Our team is being headed by Iain Drummond, one of our Commercial Dispute Resolution partners. We are also consulting with our English litigation team in London to ensure that any recommendations that we can make based our experience of these matters in England are included in our comments. If you have any views that you wish to contribute, please provide them to Iain Drummond (; 0131 473 5767).

Otherwise, interested parties are also invited to submit their comments directly to Sheriff Principal Taylor’s review team, on any or all of the issues dealt with in the consultation paper. In order to do so, the Respondent Information Form must be completed (this can be found at the end of the Consultation Paper) and sent together with your comments to:


Kay McCorquodale
Secretary to the Review
Review of Expenses and Funding of Civil Litigation in Scotland
Area 3G South,
Victoria Quay

The deadline for comments is Friday 16 March 2012.

More information on the review can be found on the Scottish Government website.

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