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Case review 20/09/2022
The case of David Motherwell v Covea Insurance PLC concerns an appeal regarding which scale of expenses should be applicable when a low value settlement is reached.
Article 03/03/2022
The Scottish Law Commission's 'Discussion Paper on Damages for Personal Injury' has been published and is open for comments until 15 June 2022.
Case review 13/08/2021
Cases examining the law of nuisance are rare in Scotland. It is even more rare that they go to appeal. The case of William MacBean v Scottish Water did just that in July 2021 and it is a useful consideration and reminder of the fundamental principles of a claim in nuisance under Scots Law.
Case review 25/06/2021
This Scottish appeal decision was the civil case that followed a defender’s previous guilty plea to careless driving. It is a rare instance of the onus of proof shifting to the defender to prove that they were not negligent.
Case review 15/06/2021
Last week, the Scottish Sheriff Appeal Court issued its opinion in the case of Danielle Weddle v Glasgow City Council, a case arising from the tragic Glasgow bin lorry accident in December 2014. The court restated that in a case of pure psychological injury, a primary victim must have a reasonable belief that they were in danger of physical harm.
Article 01/05/2020
On 19 March, the Ministry of Justice (MoJ) announced an increase to the statutory bereavement award in England Wales to £15,120. This new figure is to reflect inflation since the award was last increased to its current level of £12,980 in April 2013.
Article 02/10/2019
The Government Actuary Department (GAD) has published their determination of the discount rate in Scotland, concluding that it should remain unchanged at minus 0.75%.
Article 19/06/2019
The Scottish Government has announced that the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (the Act) will come into force on 1 July 2019, triggering the UK Government Actuary's Department (GAD) to start work assessing a new Scottish rate.
Article 20/12/2018
Late on 18 December 2018 the Scottish Parliament passed stage 1 of the Damages (Investment Returns and Periodical Payments) (Scotland) Bill (the Bill) in Holyrood.
Case review 08/11/2018
A recent decision of the All Scotland Personal Injury Court indicates that pursuers looking to abuse the rules of the compulsory pre-action protocol for personal injury, will be penalised severely.
