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Costs and Funding Committee Working Group - Pre-action Protocol Fees

The Council’s Personal Injury Committee has developed pre-action protocols (PAPs) for ‘disease’ and ‘clinical negligence’ cases. These PAPs follow upon the committee's previous work which resulted in the Council implementing a PAP for personal injury actions.

The Council has approved these two new PAPs and has remitted them to the Costs and Funding Committee (CAFC) to oversee the development of suitable fees structures.

In this regard, the CAFC has convened a working group, made up of those with suitable expertise, to develop the underpinning policy for the fees regimes. The members appointed to the working group are note below and include some individuals who have worked on development of the PAPs:

  • Sheriff Hughes, Chair

  • Darren Deary, solicitor, Drummond Miller

  • Andrew Henderson, solicitor, Thompsons

  • Michael Stewart, solicitor, CLO NHS Scotland

  • Lyn Beattie, solicitor, MDDUS

  • Alan Rogerson, consumer representative

  • Steven Carrie, SLAB

  • Stewart Mullen, Law Accountant

  • Fraser Simpson, solicitor, Digby Brown

  • David Tait, solicitor, Clyde &Co


The Working Group's remit is:

To consider and develop policy proposals for a fees structure to support the implementation of pre-action protocols for disease and clinical negligence and to submit these proposals to the Scottish Civil Justice Council’s Costs and Funding Committee for consideration.

On 15 March 2022, the Working Group agreed an initial timetable of work to be progressed over the next 6 months.

WORKING GROUP MEETINGS

15 March 2022
20220315 - Agenda
20220315 - Meeting Note

10 May 2022
20220510 - Agenda
20220510 - Paper 1 - Note of previous meeting
20220510 - Meeting Note

06 July 2022
20220706 - Agenda
20220706 - Meeting Note

26 October 2022
20221026 - Agenda
20221026 - Approved Meeting Note

The business of the Working Group has concluded. The Secretariat is preparing a report of outcomes which will be submitted to the Costs and Funding Committee in due course.