Child’s Play? Age restrictions & the Damages (Scotland) Act 2011

In the recent case of Brenda Gray & Others v The Advocate General for Scotland [2016] CSOH 166 the Court of Session considered another interesting question of statutory interpretation arising under the Damages (Scotland) Act 2011, this time involving the definition of a “child”. The claim was initially brought by Ian Hunter who sought damages following a diagnosis of mesothelioma. Unfortunately, shortly after the Action was raised, Mr Hunter died and subsequently various family members were added as Pursuers. The … Continued

Simple Procedure & Low Value Claims

A new civil procedure for low value claims has come into force in Scotland. From 28 November 2016 monetary claims with a value of £5,000 or less will require to be raised using the Simple Procedure. The rules do not currently apply to certain types of claims, such as personal injury claims. The Simple Procedure rules aim to make it easier for party litigants who seek recourse in the Courts to raise a court action. The rules and court forms … Continued

Road Accident – exacerbation or not?

The recent decision by Lord McEwan in the case of Sheila Tapp v Helen McColl [2016] CSOH 129 highlights the importance of written pleadings in Scottish court actions. The Pursuer, a retired school teacher, sought damages for injuries arising from a road traffic accident in July 2012. Liability was admitted but quantum was disputed. A Proof on quantum proceeded before Lord McEwan in which the Defender elected not to lead any evidence. Evidence was led from the Pursuer, her husband, … Continued

Compulsory Pre-Action Protocol for Scotland

Pre-litigation procedure for personal injury compensation claims is set to change in Scotland. A Compulsory Pre-Action Protocol is to be introduced for personal injury claims with a value of up to £25,000 for accidents occurring on or after the 28th November 2016. The protocol will not apply to clinical negligence, professional negligence or disease claims and will also not apply if the claimant is not represented by a solicitor during the stages of the Protocol. The aim of the Protocol … Continued