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.

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. 

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.

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.

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.   

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.

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.

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. 

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.

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.

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.

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.

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.

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

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.

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

A boy who sustained severe brain damage as a result of failings by medical staff after his birth has been awarded compensation amounting to over £6 million, reports the Doncaster Free Press.

An MP in England has published a Private Members’ Bill that calls for greater fairness for bereaved people and victims of psychiatric harm in England and Wales.

The Injuries Board in Ireland saw a 7% increase in new personal injury claims in the first six months of 2015 compared to the same period last year, taking the total number of new claims received to 17,132.

Six sheriffs have been appointed as specialists who will sit in Scotland’s new Sheriff Personal Injury Court.