Dallas McMillan's Glasgow Lawyers' Blog

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Employment law changes – 2014

2014 will see a number of changes to employment law in Britain. The dates for some of the changes have yet to be confirmed although most of the changes are expected to happen around the traditional date of early April.

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Christmas party-goers urged to help save lives

Road safety charity Brake and Direct Line are appealing to party-goers to help prevent Christmas tragedies by standing up to designated drivers who break their promise by drinking alcohol. This puts their passengers and other road users at risk.

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Concerns over the use of drips in the NHS

The National Institute for Health and Care Excellence (NICE) is calling on doctors and nurses across England and Wales to become better educated in how to safely care for patients who are given fluids through a drip (intravenous fluid therapy).

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Major breakthrough for victims of mesothelioma

Newly diagnosed victims of mesothelioma – the aggressive and fatal cancer caused by asbestos – are to receive help for the first time through a new support scheme, as part of a bill currently going through Parliament.

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Sports club sentenced for corporate manslaughter

In a recent English case, a London sports club has pleaded guilty to section 1(1) of the Corporate Manslaughter and Corporate Homicide Act 2007, following the death of an 11-year-old girl who was taking part in a water sports activity in September 2010.

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Confused (about the state of the property market)?

Virtually every day you open the paper there are articles about the property market, reporting, for example:-

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Patient safety risk due to lack of GP Surgeries.

The BMA Scotland have warned that GP’s today are dealing with ever increasing workloads as the total number of GP practices in Scotland has fallen by 70 in the past 10 years.  The decrease in practices and an estimated 10% increase consultations since records began in 2003 mean that there is an increased risk of doctors “burning out” from the stress of their workload.

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Dismissal of employee charged with assaulting his partner at her home was unfair but not discriminatory

The Court of Session has reinstated a tribunal's decision that an employee, dismissed for an alleged domestic assault on his partner (who also happened to be his colleague), was unfair under section 98 of the Employment Rights Act 1996. Since the dismissing officer expressly accepted that the employee had acted in self-defence, it could not be said that he believed in the employee's culpability. In these circumstances, the tribunal had been entitled to find that the employer had not established that the reason, or principal reason, for the employee's dismissal was misconduct. In any event, the employer's investigation was inadequate and unreasonable.

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Campaign appeals to drivers to tune in to road safety

A national campaign launched by road safety charity Brake has called on drivers to tune in to road safety, to prevent appalling crashes caused by multi-tasking at the wheel.

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Dos and don'ts for directors of a company on the brink of insolvency

A guide for director's who suspect an insolvency event is imminent.

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Recycling sector suffers another work-related fatality

A wood recycling company has been sentenced for serious safety failings after a worker was killed after being struck by a loading vehicle and run over.

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Help to Buy - a Useful Guide

You may now be able to buy a home with just a 5% deposit thanks to two Government Schemes both called “Help to Buy”.

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Draft TUPE regulations published

The government has published the draft Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2013. The draft regulations reflect the government's response to the consultation on proposed changes to TUPE, which was published in September 2013. In particular, the amendments will allow transferees to collectively consult with transferring employees before the transfer if the transferor agrees. They also provide that post-transfer changes to location can amount to an ETO reason so that redundancies due to a simple change of location will not be automatically unfair.

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Scottish road casualty figures reach record low

Statistics recently published by Transport Scotland have revealed that road casualties in Scotland have fallen to their lowest level on record.

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Compensation awarded for birth injuries

A mother has been awarded compensation after she claimed that her son’s cerebral palsy was the result of alleged medical negligence, reports the BBC.

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Scottish Public Services Ombudsman orders review of radiology practices

NHS Fife has been ordered to arrange an external review of its radiology procedures following The Scottish Public Services Ombudsman upholding a complaint by a patient’s husband.

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A Brave New World in Conveyancing

The Scottish legal profession is entering a brave new world which will eventually change the way in conveyancing is practised in Scotland beyond virtually all recognition.

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More than 1,100 construction sites fail safety checks

Poor standards and dangerous practices were found at nearly half of the building sites visited during a month long safety drive.

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Personal injury compensation increases in Ireland

During the first six months of 2013 the total compensation awarded to personal injury claimants in Ireland increased by 8.3% to €118million, according to a mid-year analysis undertaken by the Injuries Board.

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Resounding Success for Dallas McMillan in Road Traffic Accident Case

We were recently instructed by Mr X following a road traffic accident where his stationary vehicle was struck by a third party who failed to stop at a roundabout. Mr X sustained shoulder, neck and psychological injuries as a result. Mr X’s previous solicitors obtained a report from a surgeon and valued his claim at around £1900.Mr X then instructed ourselves. On reviewing his case file we felt that further medical investigation was merited. We therefore instructed medical reports from our own chosen Consultant Orthopaedic Surgeon and Consultant Psychologist. Having obtained these reports we then negotiated with the Road Traffic Insurers of the driver at fault and we were able to secure compensation for Mr X of £16,000
 
At Dallas McMillan we ensure each claim is handled by an experienced solicitor with considerable experience in personal injury claims.  This additional expertise can not only make the difference between winning and losing a claim but can also make the difference between not simply winning a claim and winning a claim so as to ensure the maximum possible amount of compensation is secured for the client.

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