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Lindsay MacNeill
Solicitor
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Mark Hastings
Senior Associate & Solicitor Advocate
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Contributions by bto

4

Fatal Accident Inquiries (FAIs) in Scotland
Fatal Accident Inquiries (FAIs) in Scotland
Practice notes

This Practice Note explains the purpose of a Fatal Accident Inquiry (FAI) in Scotland which is the Scottish equivalent to a Coroner’s Inquest in England and Wales. The Practice Note explains the role of the Crown Office and Procurator Fiscal Service (COPFS) and Police Scotland in investigating work related deaths, the Scottish Fatalities Investigations Unit, what is meant by a ‘reportable death’, mandatory and discretionary fatal accident inquiries, the main features of an FAI, the scope and limitations of an FAI and practical considerations for practitioners representing clients at FAIs.

Fire safety law and offences in Scotland
Fire safety law and offences in Scotland
Practice notes

This Practice Note explains the regulation and enforcement of fire safety laws for non-domestic premises in Scotland. It considers the requirements of Part 3 of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006, SSI 2006/456. It considers the scope of fire safety duties placed on Scottish employers, the fire safety criminal offences which may be committed, the enforcing authorities for fire safety in Scotland as well as the enforcement powers available in response to fire safety offences and fire safety breaches in Scotland. It also explains the scope and purpose of prohibition notices, enforcement notices and alteration notices in the context of fire safety in Scotland.

Health and safety crisis management—a UK practical guide
Health and safety crisis management—a UK practical guide
Practice notes

This Practice Note highlights the practical steps which need to be considered by those advising on the immediate aftermath of a serious health and safety workplace accident in England, Wales and Scotland. It also includes consideration of the reporting requirements under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), SI 2013/471, which regulators will become involved in the investigation, the responsibilities of duty holders following a workplace incident as well as the scope of an internal investigation into the suspected health and safety breaches and issues to consider when dealing with the investigating authorities.

Legal professional privilege in Scottish criminal proceedings
Legal professional privilege in Scottish criminal proceedings
Practice notes

This Practice Note explains the significance of legal professional privilege (LPP), also known as confidentiality, in Scottish criminal proceedings. It explains the principle of privilege (confidentiality) as it has developed in Scotland and covers the seizure of documents subject to legal professional privilege by warrant, the disclosure of documents subject to legal professional privilege by the Crown, legal advice privilege, litigation privilege and practical considerations.

Contributions by bto Experts

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Legal professional privilege in Scottish civil litigation
Legal professional privilege in Scottish civil litigation
Practice notes

This Practice Note provides guidance on the application of legal professional privilege (LPP) in civil litigation in Scotland. It deals with the scope of LPP and the mechanisms through which otherwise privileged material can be recovered, as well as providing practical case studies illustrating the pitfalls that can arise if LPP is not properly implemented at the proper time is waived and/or does not apply for some other reason.

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