Jurisdiction(s):
United Kingdom

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

Funding Civil Litigation in Scotland: Success Fee Agreements, Damages-based Agreements, QOCS, Third-Party Funding and Group Proceedings under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018

Published by a LexisNexis Dispute Resolution expert

Practice notes

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This Practice Note explains funding of Scottish civil litigation under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (CL(EGP)(S)A 2018).

For guidance on:

judicial expenses and taxation in Scotland—see Practice Note: Judicial expenses and taxation in Scottish civil litigation
group proceedings in Scotland—see Practice Notes: Group procedure in Scottish civil litigation—authorisation and permission; and Group procedure in Scottish civil litigation—procedure after permission granted
the closest equivalent provisions in England and Wales—see Funding arrangements—overview, which in turn links to detailed guidance on various aspects, including Practice Notes on LASPO: Recovery of Costs insurance premiums, Damages-based agreements (DBAs) and Conditional fee agreements—success fees

Key:

CL(EGP)(S)A 2018—Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (also referred to as the ‘Civil Litigation, etc Act 2018’)
CR(S)A 2014—Courts Reform (Scotland) Act 2014
RCS—Rules of the Court of Session 1994
Taylor Review—Review of Expenses and Funding of Civil Litigation in Scotland

Background to and implementation of CL(EGP)(S)A 2018

In September 2009, the Scottish Civil Courts Review—which proposed a range of changes to court structures in Scotland, now implemented in the Courts Reform (Scotland) Act 2014—recommended a distinct review of...

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Tim Edward

BTO Solicitors LLP

Tim Edward qualified as a solicitor in Scotland in 1990. He is currently a Disputes Partner at BTO Solicitors LLP, having joined them in November 2023. Prior to that, he practised as a Dispute Resolution lawyer with MBM Commercial LLP for three years and Maclay Murray & Spens LLP for 27 years and was a partner of that firm from 1996 to 2017 when the firm merged with Dentons UKME LLP. He qualified as a solicitor advocate in 1999, obtaining extended rights of audience in the Court of Session, Scotland. His practice has covered the areas of corporate and insolvency disputes, professional negligence and shipping law. He was a member of the Law Society of Scotland's Pursuer's Advisory Panel from 2002 to 2014 pursuing negligence claims against solicitors and the Law Society of Scotland's Master Policy Panel from 2014 to 2017...

Web page updated on 27/05/2026

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