The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Success Fee Agreements) Regulations 2020 come into force today, 27^th April 2020. These new regulations are designed to ensure that parties pursuing litigation in Scotland have as clear as possible an understanding about the costs involved to them in pursuing a Court action. The regulations will also regulate success fee agreements (also known as no-win, no-fee agreements). The regulations define the amount a person pursuing a claim can be asked to pay their Solicitor and puts a cap on the amount of damages a Solicitor can recover from the overall damages recovered once the case concludes.

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. 

Recent analysis from Sustrans Scotland discovered that children in the 20 per cent most deprived areas are more than three times as likely to be involved in a road traffic accident when travelling on foot or by bike than those in the 20 per cent least deprived areas in Scotland.

With the introduction of Qualified One-Way Costs Shifting (QOCS) in Scottish Personal Injury claims, injured individuals will have the right to lawfully pursue their claim for damages without the threat of incurring considerable costs from the other side if their claim is unsuccessful. In doing this, the Scottish legal system comes into line with the protections already afforded to their English counterparts (with QOCS being introduced there in 2013).

Dallas McMillan are delighted to announce the launch of their revolutionary new App – Dallas McMillan RTA Assistance. We have developed the App to provide immediate assistance for all road users involved in road traffic accidents. Whether you are a commercial driver, a private driver, a cyclist, a pedestrian or even a passenger involved in a road traffic accident, Dallas McMillan RTA Assistance will give you all the legal and administrative help you need in the event of a road traffic accident.

In the recent case of Mannas v Chief Constable of the Police Service for Scotland [2018] CSOH 126, the Court of Session required to consider whether a delay of 13 years in progressing the action constituted unfairness and whether the case should be dismissed as a result.

Eight relatives of some of the victims of the Glasgow bin lorry crash have cleared a legal hurdle in their fight for compensation. Appeal court judges have dismissed an appeal by Glasgow City Council against a judge’s ruling and upheld the decision that the relatives’ damages action can proceed despite their claims being ‘time-barred’.

Dallas McMillan are delighted to announce that their two charity partners for 2019 are the Glasgow Children’s Hospital Charity and the Good Morning Service.

The Damages (Investment Returns and Periodical Payments) (Scotland) Bill (previously discussed by us here) was examined this month by the Economy, Energy and Fair Work Committee. The Committee received evidence, including formal evidence obtained at Committee meetings, to inform its report. The report was published on 3 December.

An inquiry into the Damages (Investment Returns and Periodical Payments) (Scotland) Bill has resulted in a Holyrood Committee concluding that the process of calculating long-term personal injury compensation should be both fair and transparent.

The data, compiled by the Department for Transport, named drivers or riders failing to look properly as the primary cause of Glasgow accidents.

The health and safety record at Amazon’s Dunfermline centre has been labelled “appalling” by union GMB Scotland.

A stretch of the A92 near Newtonhill has become the subject of scrutiny after a number of road traffic incidents have got politicians wondering how no deaths have occurred on the road.

Scotland has introduced new legislation with the aim to create a simpler way of setting the rate of personal injury discount rates.

 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.

This year’s Road Safety Week, which will run from 19 – 25 November, has the theme of Bike Smart and will focus on the safety of those on two wheels. 

The European Agency for Safety and Health at Work (EU-OSHA) has launched a new campaign to draw attention to the issue of dangerous substances in the workplace and promote the best ways of tackling the risks they pose to workers. 

New research by the Institution of Occupational Safety and Health (IOSH) has revealed that as many as one in four UK construction workers believe they may have been exposed to asbestos fibres, placing them at higher risk of contracting terminal cancers later in life. 

The Scottish Law Commission recently announced that its Tenth Programme of Law Reform will include a project on damages for personal injury.