Solicitors – honesty, truthfulness & integrity

It has often been pointed out in Regulation matters that the essential qualities of a Solicitor are honesty, truthfulness and integrity.  The appropriate standards of conduct require to be maintained if the general public is to have confidence in the legal profession. The Scottish Solicitors Discipline Tribunal in the Complaint at the instance of The Council of the Law Society of Scotland against Norman Banski ( 2 October 2018) found that the Respondent’s conduct was such that he had not … Continued

Compulsory pre-action protocol and expenses

In the case of Zdrzalka v Sabre Insurance (2018) SC EDIN 57 Sheriff McGowan had to consider the parties’ respective Motions for Expenses against a background of the Personal Injury Compulsory Pre-Action Protocol (CPAP). The Pursuer sought expenses following a Tender and Acceptance and the Defender opposed the Motion on the basis the expenses should be modified and there should be a contra-award in favour of the Defender. Pre-litigation the Defender had made a non-binding admission of liability which was … Continued

The Police & the need to prove malice

The case of Whitehouse v Philip Gormley, QPM & Others (2018) CSOH 93 arose out of the administration of Rangers Football Club plc. The Pursuer had been one of the Administrators. The Pursuer sought damages on various grounds arising out of the actings of Police Scotland. These claims were considered in a Debate (legal argument) before Lord Malcolm who issued his Opinion on 6 September 2018. One particular aspect of this Opinion is of considerable interest. It was argued on … Continued

Asbestos and the choice of law

In Docherty’s Executors & Others v Secretary of State for Business, Innovation and Skills (2018) CSIH57 the Inner House (Appeal Court) overturned the earlier decision of a Lord Ordinary by deciding that the law of the country where the harmful event occurred determined the appropriate lex loci delicti. The original decision had been to the effect that the appropriate lex loci delicti was where the loss ultimately occurred. In short, the Inner House decided that what was relevant was the … Continued