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

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.

The Council's secretariat is consulting with the chair of the working group to arrange meeting dates and agree the timetable of work.


Meeting Dates

Working Group meeting dates are to be confirmed.