Unravelling the intricacies of personal injury and clinical negligence claims within Scotland requires a strategic understanding of local legal frameworks. Designed for legal practitioners, this resource offers precise, actionable insights on handling Scottish claims effectively, ensuring optimal outcomes for your clients.
The Ministry of Justice (MoJ) has launched a consultation seeking views on whether the standard of proof for the short-form inquest conclusion of...
The Ministry of Justice (MoJ) has published the Chief Coroner’s Annual Report 2025, submitted by Her Honour Judge Alexia Durran. The report records...
PI & Clinical Negligence analysis: The Court of Appeal considered an appeal by the Ministry of Defence (MoD), against a first instance decision...
This week's edition of PI & Clinical Negligence weekly highlights includes analysis of a High Court decision on employer’s liability in which an...
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some point
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Template for regulatory references given by SMCR firms and disclosure requirements[Insert addressee details]Dear [insert name][It is our understanding that [insert name of prospective employee] [was an employee of yours between the dates of [insert dates as appropriate] OR is a current employee of
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