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Dallas McMillan's Glasgow Lawyers' Blog
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On 7th February 2013 the Scottish Government announced plans to alter its Debt Arrangement Scheme (DAS) the Scottish Government’s Debt Management tool. The DAS, which is uniquely Scottish, freezes interest and assists people struggling with debt to repay their indebtedness over a longer period. During a Scottish Parliament debate on debt Fergus Ewing, the Enterprise […]
The Ministry of Justice, the Scottish Government and the Department of Justice, Northern Ireland have jointly launched a consultation exercise over how the discount rate for personal injury compensation should be set. The consultation document explains that awards of damages are intended to compensate claimants for the losses they have suffered as a result of […]
The Government is consulting at the moment (and until 15th February) about their proposals for compulsory early conciliation efforts by claimants, whereby they will have to notify ACAS of intended tribunal claim in advance of lodging it. Notification A Claimant will need to give ACAS “prescribed information” with details of the proposed Respondent including full […]
Scotland has one of the highest perinatal mortality rates in Europe. Between January 2009 and June 2011 the NHS in Scotland paid out over £70,000,000 in damages in relation to negligence resulting in stillbirths and babies born with disabilities. While a damages claim provides little comfort to those who have lost children, it can […]
The Government have issued a draft set of regulations (The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013) intended to come into force on 6th April which affect any proposal to make at least 20 employees collectively redundant from that date on. They are brief and do two things. Firstly they reduce […]
The latest Department for Transport road casualty statistics show an increase in casualties for vulnerable road users. According to the Institute of Advanced Motorists (IAM), the figures show that: The IAM would like to see:
The death of a 14-year-old army cadet has led to the Ministry of Defence (MOD) receiving an HSE Crown Censure. Crown employers, such as the MOD, cannot face prosecution in the same way as non-Government bodies. Therefore Crown Censures are agreed procedures applied to these bodies in lieu of criminal proceedings. The facts of the […]
Two directors of Smart Credit & Debit Limited, a debt advice firm in Keighley, have been disqualified from acting as directors for six years each for failing to maintain proper accounting records or to account for substantial cash withdrawals from the company. Both directors have given undertakings to the Secretary of State for Business, Innovation […]
The family of a man who died while taking part in a clinical trial has been awarded an undisclosed amount in compensation, reports Orange News. Luigi Belcuore underwent surgery at Robert Jones and Agnes Hunt Orthopaedic Hospital in Oswestry in 2009, as part of a trial of a new medical procedure to treat knee cartilage […]
Registers of Scotland have reported that the average price of a home in Scotland has dropped by 1.5% compared to the same period a year ago. In the third quarter (October to December) of the financial year 2012/2013 values for residential property averaged at £154,810.Meanwhile the number of properties changing hands over the same period […]
The Partnerships (Prosecution) (Scotland) Bill is set to be considered by the House of Lords this week. The Bill is designed to close the loophole allowing partnerships to evade prosecution by dissolving. The issue of criminal liability of partnerships in Scotland came into focus following the death of the 14 elderly residents in a fire […]
An NHS Foundation Trust has been sentenced for safety failings after a vulnerable patient died following a fall from a first floor window of a hospital in Gillingham. Danny Jewitt sustained serious chest injuries in the incident and was pronounced dead later the same day. Maidstone Crown Court ordered the Trust to pay more than […]
The government has issued a consultation on a number of proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006. The proposals include: In addition the government is seeking views on whether transferors should be able to rely on the transferee’s ETO reasons in respect of pre-transfer dismissals. Responses to the consultation are […]
Car manufacturer Toyota has agreed to pay compensation to the family of an American couple who died when their Toyota Camry hit a wall, reports the BBC. The family claimed in their wrongful death suit that the accident was caused by a fault in the car which caused it to suddenly accelerate out with the […]
Three directors of an internet trading company based in Liverpool have been disqualified from acting as company directors for over 20 years for filing incorrect VAT returns. The directors of B.L.A. Trading Ltd , which sold small electrical goods on Ebay have given undertakings to the Secretary of State for Business, Innovation and Skills (BIS) […]
A recent study from Stirling University has highlighted the importance of unannounced HSE inspections to workplace safety. Study author, and Professor of Occupational Health Policy Research, Rory O’Neill, said: “Whether your job is making people better or making plastics, don’t expect a government safety inspector to call. The majority of workplace deaths now occur in […]
Employers are being urged to focus on real risk after 20 workers lost their lives while at work in Scotland last year – an increase of six on the previous year. The Health and Safety Executive (HSE) has asked business to rethink workplace safety provisions in the New Year after the number of deaths in […]
Business Minister Jo Swinson today recently announced a review that will ensure creditors achieve value for money from procedures carried out by insolvency practitioners. The review, which will be led by Professor Elaine Kempson from the University of Bristol, will hear views from members of the insolvency profession as well as debtors and creditors. A […]
Two connected London based companies, 10 Little Pigs and Magic Berries have been wound up in the public interest for the misleading promotion of franchise opportunities. The petition to wind up the companies was presented to the High Court following an investigation by Company Investigations, part of the insolvency service. Both companies offered guaranteed returns […]
In Sycamore Bidco Ltd v Breslin & Anor [2012] EWHC 3443 (Ch), the High Court has considered whether express warranties in a share purchase agreement could found an action for misrepresentation in the alternative to a claim contractual claim for breach of warranty. The case involved the acquisition of the entire issued share capital of […]