Pre-action protocol becomes compulsory in Scotland
Those of us who represent defenders in personal injury litigation in Scotland have long bemoaned the lack of a compulsory pre-action protocol. The voluntary pre-action protocol came into force in Scotland on 1 January 2006, but the title gives the game away: it has no statutory basis and is entered into entirely voluntarily by the parties involved.
Consequently, the courts have been slow to consider the terms of the voluntary protocol when it comes to arguments seeking to restrict awards of expenses because of non-compliance, notwithstanding
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