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  • Report 16/03/2023

    Personal injury report 2023: trends and future risks

    Our latest report highlights some of the key trends and future risks that we anticipate will shape the personal injury agenda for 2023 and beyond.

  • Article 06/02/2023

    Evidence gathering on the National Care Service (Scotland) Bill

    By the end of 2023 Scotland is expected to have agreed the legal basis for a National Care Service, the first of its kind in the UK. The complexities and controversies of establishing a ground-breaking care service are now being experienced.

  • Article 06/12/2022

    Freedom of information: two opportunities to consult

    In the absence of action by the Scottish Government, on 1 November 2022 Katy Clark MSP launched a consultation on how to reform the Scottish freedom of information regime, with a view to introducing a Freedom of Information Reform (Scotland) Bill. Only 28 days later, the Scottish Government launched its own consultation. In an interesting turn of events, stakeholders now have two open consultations to which to respond.

  • Article 06/12/2022

    National Care Service: cross-party Committee requires new Financial Memorandum

    First Minister Nicola Sturgeon has described the National Care Service (Scotland) Bill as the most significant reform to public services since the creation of the NHS. The Bill essentially allows Scottish Ministers to transfer social care responsibility - including staff, assets and equipment - from local authorities to a new, national service. However, as the Bill continues to progress through Stage One of the Holyrood legislative process, criticism has been mounting, not least around the likely associated costs.

  • Case review 29/11/2022

    Limitation in childhood abuse cases – a key appeal decision

    A judgment of the Court of Session has considered changes to limitation introduced by the Limitation (Childhood Abuse) (Scotland) Act 2017. In this case, the defender failed on appeal to sustain defences in terms of section 17D of the Prescription and Limitation (Scotland) Act 1973.

  • Article 09/11/2022

    Is it public knowledge? The proposal for a Freedom of Information Reform (Scotland) Bill

    A proposal for a Freedom of Information Reform (Scotland) Bill has been submitted to the Scottish Parliament, which could substantially extend freedom of information (FOI) rights. The resultant consultation, which remains open until 2 February 2023, seeks views from stakeholders on issues including extending FOI beyond public authorities to private and third sector bodies entering into contracts which are publicly funded, or providing public services.

  • Article 23/08/2022

    Scottish COVID-19 Inquiry – core participant status?

    The Scottish COVID-19 inquiry, chaired by Lady Poole, has launched the application process for those who wish to be core applicants. The deadline to apply is 16 September 2022. In this article, we explore which individuals, groups and organisations should be applying for core participant status and that means in practice.

  • Case review 05/08/2022

    Causation, causation, causation

    The case of Cossey v the Buccleuch Estates [27.07.22] concerns the assessment of medical causation in the face of a pursuer claiming to have suffered from life altering injuries as a result of falling into a manhole.

  • Article 25/07/2022

    Introduction of the National Care Service (Scotland) Bill

    On 20 June 2022, the Scottish Government introduced the National Care Service (Scotland) Bill to the Scottish Parliament. The Health, Social Care and Sport Committee of the Scottish Parliament called on interested parties to submit responses to the published Bill on 8 July 2022, and the Committee will take those responses into account in their Stage One consideration.

  • Article 13/05/2022

    Sexual and physical abuse – sixteenth edition of the Judicial College Guidelines

    Following the recommendation of the Independent Inquiry into Child Sexual Abuse, a new sub-category of psychiatric injury has been included within the sixteenth edition of the Judicial College Guidelines. In this article, we explore this new section of the Guidelines and consider whether the courts in Scotland are likely to adopt these new figures in a manner which may bring awards for damages closer to those in England and Wales.