All personal injury actions raised after 30th June 2021 are subject to Qualified One-Way Cost Shifting or QOCS. What are the implications of this for a Pursuer’s case?
The condition of Scotland’s roads and pavements has been widely discussed in the media in recent times. Early last year, the AA published a report referring to a ‘pandemic of potholes’, reflecting large increases in pothole related breakdowns. Glasgow City Council reacted to this by doubling their budget for pothole repairs from £6 million to a huge £12 million in 2023. While this might go some way to convincing the public that this problem is on its way to being fixed – although perhaps not the 13,000-strong ‘Potholes Make Glasgow’ Facebook group – even this huge increase will not eliminate potholes overnight.
The announcement that the government is to make compensation claims easier for the thousands of people who have mesothelioma - as a result of asbestos exposure at work - but who until now have been unable to claim because their employer no longer exists, has been welcomed by the TUC.
March 2013 saw the introduction of a volume safety limit for new portable music players such as iPods. New mobile phones and portable music players sold within the EU must now have a sound limit of 85 Decibels (dB). This is above the 80 dB which is regarded as the safe limit. This is similar to the volume of noise created by the noise of traffic or someone shouting. The 80dB limit was determined by the European Commission Assessment which concluded that 80dB was a safe level regardless of the length of time people were exposed to sound at this level.
A Scottish health board has recently been fined for a health and safety failing which lead to several workers being exposed to the dangerous substance over a period of 7 seven years.
A multi-million pound compensation package has been awarded to a boy who suffered severe injuries as a result of being deprived of oxygen during his birth, reports the Bristol Post.
The Health and Safety Executive (HSE) has released its annual report on work-related ill-health and injury statistics for the period ending 2022/23.
This month has been a particularly busy one for Dallas McMillan and has seen us recover hundreds and thousands of pounds in compensation for clients throughout Scotland.
There are various types of loss for which an accident victim can claim compensation, including:-
On 1st May 2018 the Scottish Parliament passed the Civil Litigation (Expenses and Group Proceedings)(Scotland) Act 2018, receiving Royal Assent on 5th June 2018. This Act is the result of a review into the funding of civil litigation in Scotland by Sheriff Principal Taylor in 2013. His review concluded that more needed to be done to increase access to justice for the average person.
July 2018 saw Dallas McMillan’s Personal Injury team set a new record for compensation recovered for clients. In that month alone, the team recovered compensation totalling in excess of £1.3m for clients throughout Scotland.
When making a claim for compensation it is important to remember that you only have one chance to recover compensation for any injuries you sustained as a result of an accident, be it a road traffic accident, an accident at work or a slipping and tripping accident. You have three years from the date of your accident to recover compensation and if your case settles you are not entitled to go back and seek more compensation at a later date. You must therefore make sure that you appoint the right Solicitors to deal with your case, to ensure that your claim settles for its maximum possible value.
Hundreds of schools are closed and travel has been disrupted after wintry conditions have brought heavy snow and ice across the UK.
We were recently instructed by Mrs X following an accident which occurred within a national retailer’s premises. Mrs X sustained injury through the negligence of the retailer who had used defective equipment within their store. The case had previously been with another firm of solicitors who withdrew from acting for her after liability was denied by the store.
The UK Government has announced the launch of a new national oversight body tasked with identifying consumer risks and managing responses to large-scale product recalls and repairs.
A coalition of road safety organisations has called on the mobile phone industry to do more to help reduce the number of people killed or injured on the roads as a result of distracted drivers.
A new Bill which is set to change the costs that people pay when going to court could help many more get access to justice. The potential expense of going to court is a significant deterrent for many people looking to pursue legal action in civil courts, even in cases where they have a legitimate and justified claim.
Holyrood’s Justice Committee has begun its scrutiny of the Civil Litigation Bill and has launched a call for evidence seeking views on the cost of going to court.
UK insurers have attacked the UK Government over their changes to the Discount Rate, a move that will cost the industry millions of pounds, and will see price increases in premiums for individual and business customers. This is the first time the rate has changed since 2001, and has been calculated based on the decline in strength of low risk investment schemes such as Investment-Linked Gilks.
A recent BBC report highlighted the number of people who are continuing to suffer serious, and often, fatal illnesses as a result of exposure to asbestos.
