The Justice Committee take evidence on the Domestic Abuse Bill
Today's topical questions features queries about Scottish government action to tackle sexual harassment and violent and abusive attacks on school staff
The government gives a statement on the Scottish Greenhouse Gas Emissions Annual Target Report for 2015
MSPs debate the promotion of walking and cycling
SNP MSP Ben Macpherson leads a member's debate entitled 'Unfair Police Scotland and Fire Service VAT Charges'
Image source, Laura DodsworthThe Justice Committee, external will shortly take evidence on the Domestic Abuse (Scotland) Bill., external
Sheriff Principal James Taylor suggests that when a judge is asked to make a decision about an additional fee, there are a series of factors that must be taken into account.
Image source, bbcTory MSP Liam Kerr
Sheriff Principal James Taylor says the fear of the adverse award of costs inhibits people from accessing their legal rights.
Mr Taylor says he has been deterred from litigating due to this fear.
Tory MSP Liam Kerr asks about legitimate claims.
Mr Taylor says the pursuer thinks it is legitimate at the outset but some witnesses are not that good at recalling incidents, particularly if there has been trauma.
He says the prospect of success in a case must be monitored.
Image source, bbcSheriff Principal James Taylor
Sheriff Principal James Taylor says only regulated bodies should be entitled to charge a referral fee.
Mr Taylor says this would remove the incentive of cold calling.
Sheriff Principal James Taylor says there is a problem with clients not knowing the fees.
He said: "It's unacceptable for a client to say to a lawyer "How much will this cost me" and the reply is "I haven't got a clue, how long is a piece of string?
"It's just not acceptable and there are ways around it."
He goes on to say cold calling by claims management companies is a "big mischief".
Image source, bbcSheriff Principal James Taylor
Tory MSP Maurice Golden says defenders organisations are calling for other controls to be introduced to the Bill.
Sheriff Principal James Taylor says pre-action protocols undoubtedly assist in weeding out cases capable of settlement before they get to court.
Mr Taylor says generally pre-action protocols are useful.
He says fixed fees are a bit of an unknown quantity.
In response to Lib Dem MSP Liam McArthur, Sheriff Prinicipal James Taylor says he believes "most claims management companies will disappear in Scotland".
He said: "The majority are fictions because they are firms of solicitors who have set up their own tame management company."
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Image source, James TaylorSNP MSP Mairi Gougeon says pursuers think the tests are too strict and defenders say they do not go far enough.
Ms Gougeon asks, in terms of fraud, if the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill implements what Mr Taylor recommended.
Sheriff Principal James Taylor says: "I don't think the Bill implements what I recommended in my report."
Click here to read the report: Review of Expenses and Fundingof Civil Litigation in Scotland., external
Sheriff Principal James Taylor says "We can look to England and Wales to find out what they are doing."
He said: "The rules are the same as what is proposed here, and we have heard of no difficulties of one-way cost shifting.
Mr Taylor says: "I didn't see any red flags being waved."
SNP MSP Stewart Stevenson
SNP MSP Stewart Stevenson says there is already a definition of an actuary which is "someone that found accountancy too exciting".
Mr Stevenson asks if it should not be the case that pursuers who are wealthy should be made aware a poor defender will have to pick up the legal cost.
Mr Taylor says if the defender is a "man of straw" the pursuer will not raise proceedings.
Sheriff Principal James Taylor says he has been told very often pressure is brought to bear on a pursuer by family members to take a lump sum, rather than have periodical payments.
Mr Taylor says in these circumstances an actuary can advise the pursuer to take periodical payments.
He says a definition of an actuary will be required in the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill.
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Image source, bbcSheriff Principal James Taylor
Sheriff Principal James Taylor says "We don't need incentives for delay."
Mr Taylor says the vast majority of claims settle and there is no definition of past loss and future loss.
He says one firm of solicitors explained to him if there is numerous pursuers.
The Sheriff Principal says few judges, if any, would claim that their awards for future loss are accurate to 2.5%.
Image source, bbcSheriff Principal James Taylor says the Bill is necessary because damage based agreements are completely unregulated at the moment.
Mr Taylor says a taper should be utilised.
He says at the moment there is no clarity what "no win, no fee" actually means.
The Sheriff Principal says he wants a level playing field where the solicitor has to pick up almost all of the costs.
He says the last thing he wants to see is a "Go Compare for claims management companies."
Image source, bbcSheriff Principal James Taylor
Tory MSP Liam Kerr says the Scottish government has said the primary objective of the Bill is access to justice.
Sheriff Principal James Taylor highlights the facility to make damage based agreements available.
Mr Taylor says damage based agreements are "here, they are alive and they are kicking."
He says they give access to negotiation.
The Justice Committee takes evidence on the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill, external
This proposed legislation refers to expenses in civil litigation.
The Justice Committee, external will shortly take evidence on the Domestic Abuse (Scotland) Bill., external
Image source, Laura DodsworthBut first MSPs will take evidence on the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill
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