A bad “rep”: misleading claimants in Scotland run risk of losing legal costs protection

For more than ten years, claimants in England and Wales who pursue fraudulent personal injury claims have faced losing legal costs protection – leaving some claimants with substantial bills in the tens of thousands of pounds.

North of the border, costs protection for personal injury claimants is a more recent development and questions have remained around how the Scottish honesty-related qualification to the costs shift would be applied. Answers on this are now beginning to emerge. 

Speaking to The Scotsman, senior associate, Kelly Brotherhood, considers the potential consequences for claimants intent on misleading the courts in personal injury litigation. 

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