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