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Article 12/12/2022
Personal Injury Brief: latest decisions December 2022
A roundup of recent court decisions raising issues relating to limitation defences in Scotland, the role of experts, the application of the Civil Liability (Contribution) Act 1978, and contracting out of fixed costs.
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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.
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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.
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Article 05/12/2022
COVID-19 public inquiry: preliminary hearings
The first preliminary hearings in relation to the COVID-19 public inquiry have now taken place before Baroness Hallett. In this article, we examine two of the modules which will affect organisations participating in public-related activities.
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Article 05/12/2022
Levelling Up and Regeneration Bill: briefing note
The Levelling up and Regeneration Bill aims to reverse geographical disparities between different parts of the UK by spreading opportunity more equally.
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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.
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Article 28/11/2022
Environmental sustainability legislation
In this article, we provide general commentary from a legal perspective on a number of sustainability topics in the environmental space.
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Article 22/11/2022
Balancing sustainability with health & safety
Over the last few years there have been developments in the way we work, both in response to employers’ legal obligations and also in response to the changing needs and expectations of society. The law in this area continues to evolve. In this article, we provide general commentary from a legal perspective on a number of sustainability topics, namely: health and safety at work, fire safety and hazardous materials.
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Article 15/11/2022
Making sense of sustainable action
In this article, we provide general commentary and offer practical top tips from a legal perspective on working with a new sustainable product and, separately, in relation to mental health.
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Article 02/08/2022
E-scooters: risks and key considerations for local authorities
Save for the various local authority trial zones where e-scooters are rented, insured and legal, their use beyond private properties is still illegal and uninsured. They are nonetheless an enormously popular mode of transport, and that popularity appears to be growing. Here we consider the current status of the trials, possible future regulation, and the potential risks for local authorities, offering our thoughts on how to mitigate against those risks.