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Law Commission to Review Damages for Personal Injury

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

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Supreme Court judge tells people to stop assigning blame in personal injury law

Lawyers should not be blamed for the UK’s compensation culture, according to one Supreme Court judge. He said that it is unfair for people to describe lawyers as ‘ambulance chasers’, particularly because they are only doing a job, and that it is the system which is set up in favour of claimants which encourages such a large number of claims to be made. He said that it is not the lawyers who have created the system, and therefore cannot shoulder the blame for the number of claims which are made.

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Judicial College Guidelines 14th Edition

The 14th edition of the Judicial College Guidelines was published on 14 September 2017. The new guidelines have not introduced significant change to the level of damages for personal injury. Generally the Guidelines update figures with reference to the increase in the RPI (Retail Prices Index) of around 4.8%.It must be noted that the purpose of the guidelines is to assist parties and the court rather than to simply dictate figures.

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Family of Mesothelioma Victim Awarded Damages

A recent case in the Court of Session has helped to clarify the position in relation to the amount of compensation which should be paid to the family members of mesothelioma victims for “loss of society”.

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Scotland Set for Huge Increase in Personal Injury Claims if New Bill is Passed

A new bill which is being put forward may see a huge increase in the number of personal injury claims which are made in Scotland.

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Mobile Phones and the Distracted Driver

Modern technology by the way of smart phones has its advantages, we have access to a wealth of knowledge at our fingertips and we can keep in touch with friends and family in many ways other than a simple phone call; sharing photographs and videos, social medial posts, text messaging and video chat. Despite the great technological advances, safety and common sense are perhaps not advancing at the same rate.  The need to be constantly connected and in touch with friends and family can lead to distraction and absence of mental presence leading to potentially unsafe or dangerous situations.  This is all the more clear in cases of mobile phone use while driving. 

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Share prices fall as UK insurers hit back at change in personal injury rate

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.

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Change to Discount Rate for Personal Injury Claims

It is often the case that compensation payments for the more serious personal injuries include an element of damages to compensate for future loss.  This can include, for example, future loss of earnings or future costs of care.  When an injured party receives a lump sum award of damages for such future losses, a “discount rate” is applied by the courts when finalising the award.  This is to reflect the fact that the injured party is receiving the money up front and can be expected to earn money on the lump sum by investing it.

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Injury to Child in the Care of a Family Friend

Occupiers Liability - Anderson V Imrie, [2016] CSOH 171

As recent decision from the Court of Session deals with an issue at the forefront of working family life; suitable and appropriate childcare.  Many parents employ the help of nurseries or childminders but it is certainly common for friends and family step in to offer assistance. The case of Anderson v Imrie highlights the duty on a caregiver, even in an informal setting, where a foreseeable risk of injury is met with negligent supervision.   

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Recent results for UCATT and ACCORD members

Our Personal Injury Team handle a large volume of claims on behalf of members of UCATT (Union of Construction, Allied Trades and Technicians – now Unite Construction, Allied Trades and Technicians) and Accord.

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Compulsory Pre-Action Protocol

A new compulsory pre-action protocol for dealing with personal injury claims is set to come into force at the end of this month. A voluntary protocol currently exists but under the new regime, parties will require to engage with each other and attempt to reach a resolution to the claim prior to the commencement of court proceedings.

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"I've been in an accident - How do i make a claim?"

After recovering from the shock and upset of being involved in an accident that wasn’t your fault, you may think about pursuing a personal injury claim.  For the vast majority of people this can be the first time they have ever considered making a claim for an injury. 

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Introduction of “New Simple Procedure’ For Low Value Claims

On 28th November 2016, The Scottish Courts & Tribunals Service (SCTS) will launch a “New Simple Procedure” for claims with a value of up to £5,000.

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Compensation Awarded for Boy’s Birth Injuries

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.

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Ireland's Injuries Board Pays Out €268 Million in 2015

Ireland's Injuries Board recently published its 2015 annual overview, which reveals that 33,561 new personal injury claims were submitted to the Board in 2015.

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Childbirth Failures Still Dominate NHS Compensation Bill

A new report has revealed that hundreds of babies are left brain-damaged each year in England because the NHS does not learn from its failures.

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Teacher’s Death Caused by Asbestos Exposure

An inquest into the death of a former primary school teacher has concluded that she died as a result of exposure to asbestos during her teaching career, the Guardian reports.

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New Sheriff Appeal Court Opens

Scotland’s new Sheriff Appeal Court now has jurisdiction to hear civil appeals from sheriff courts.

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Construction Worker Injured After Fall from Height

A construction firm has appeared in court on health and safety charges after a worker was seriously injured when he fell approximately two and a half metres.

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Scottish Parliament Passes Fatal Accident Inquiry Bill

New laws to modernise the Fatal Accident Inquiry (FAI) process have been passed by the Scottish Parliament.

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