This Bill aims to increase access to justice in civil actions.
This is a Government bill
The Bill became an Act on 5 June 2018
This Bill was passed and is now an Act of the Scottish Parliament.
Civil actions are lawsuits that are brought about to protect the rights of and give compensation to a person or an organisation. These are not criminal proceedings. The most common would be a personal injury claim or a breach of contract.
The Bill aims to increase access to justice in civil actions by:
The Bill comes out of a review into the expenses and funding of civil litigation in Scotland. This review was undertaken by Sheriff Principal James Taylor. The Bill seeks to implement the recommendations of that review.
There have been 3 ways to fund civil court cases in Scotland in the past.
There's been more pressure on public funding for legal aid. Fewer people are becoming members of trade unions. This means there is less funding for civil cases.
There's been an increase of speculative funding by commercial investors, usually lawyers. They'll pursue a case for a claimant in return for an agreed share of any sum recovered. These cases are “no win, no fee”. There's a high risk of the costs going up. The funding is in the form of:
The Bill is aimed at making more options available for people to fund their actions privately.
Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill as Introduced (367KB, pdf) posted 01 June 2017
Explanatory Notes (278KB, pdf) posted 01 June 2017
Policy Memorandum (538KB, pdf) posted 01 June 2017
Financial Memorandum (421KB, pdf) posted 01 June 2017
Delegated Powers Memorandum (212KB, pdf) posted 01 June 2017
Statements on legislative competence (87KB, pdf) posted 01 June 2017
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill SPICe briefing
The Bill was introduced on 1 June 2017
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 16 January 2018 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 16 January 2018
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at this meeting held on 27 February 2018:
First Marshalled List of Amendments for Stage 2 (663KB, pdf) posted 25 February 2018
First Groupings of Amendments for Stage 2 (257KB, pdf) posted 25 February 2018
Documents with the amendments considered at this meeting held on 6 March 2018:
Second Marshalled List of Amendments for Stage 2 (217KB, pdf) posted 04 March 2018
Second Groupings of Amendments for Stage 2 (225KB, pdf) posted 04 March 2018
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (283KB, pdf) posted 08 March 2018
Supplementary Financial Memorandum (95KB, pdf) posted 08 March 2018
Supplementary Delegated Powers Memorandum (117KB, pdf) posted 08 March 2018
The Bill ended Stage 2 on 6 March 2018
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting on 26 April 2018:
First Marshalled List of Amendments for Stage 3 (172KB, pdf) posted 24 April 2018
First Groupings of Amendments for Stage 3 (224KB, pdf) posted 24 April 2018
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 115 for, 0 against, 0 abstained, 14 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 1 May 2018
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.