1. Rehabilitation in Scotland Gilbert Anderson Senior Partner, The Anderson Partnership Dean of The Royal Faculty of Procurators in Glasgow To what extent has rehabilitation caught on in “Woolf free” Scotland? What are the issues to be considered to achieve the desired benefits for those involved in the claims process in Scotland?

2. To what extent has rehabilitation caught on in “Woolf free” Scotland? Little clear evidence of meaningful embracement of rehabilitation in the claims process in Scotland.

3. Possible reasons for this:- Historic/Cultural Scottish Rules/Procedures Issue of Legal Aid and Access to Justice

4. Historic/Cultural Damages/compensation – the universal solvent? Traditional adversarial system Litigation - often first not last resort

5. Scottish Court Rules and Procedures Nothing in court rules about rehabilitation Emphasis is on money awards eg. interim payments, provisional awards Voluntary Pre-Action Protocol for Personal Injury Cases in Scotland – greater prominence and commitment required.

6. Issue of Legal Aid and Access to Justice Lord Woolf’s recommendations for introduction of compulsory pre-action protocols Legal Aid still available for PI cases in Scotland Contrast with position in England and Wales from July 1998 (full implications of Access to Justice Act 1999) Pre-Action Protocol in England and Wales requires parties to consider rehabilitation (see paras 4 of PAP)

7. What are the issues to be considered to achieve the desired benefits for those involved in the claims process in Scotland? Education, training, and heighten awareness A need for review of court rules and Voluntary Pre-Action Protocol The devil’s in the detail!

8. Education, training and heighten awareness of benefits of rehabilitation through:- Conferences such as this one! Greater liaison among professional agencies (eg Law Society of Scotland, SLAB, APIL, FOIL, FSCM) and Government.

9. Review of Court Rules and Voluntary Pre-Action Protocol to achieve:- The introduction of a requirement for parties to consider rehabilitation in claims process. Breaking the adversarial mould with the court taking a more inquisitorial approach. Fairness to both/all sides in the claims process. Greater mutual candidness, transparency and trust. Sanctions. Consider Lord Gill’s ongoing review of the Civil Courts in Scotland

10. Conclusions