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.
Dispute Resolution analysis: the Technology and Construction Court reaffirmed the strict requirements governing service of claim forms by email and...
The Civil Procedure Rule Committee (CPRC) held its annual open meeting in central Birmingham , marking the first meeting outside London in the...
HMRC has confirmed that the approved mileage allowance payments rate for cars and vans has increased from 45p to 55p per mile for the first 10,000...
HM Courts & Tribunals Service (HMCTS) has published updated guidance on completing case administration tasks in MyHMCTS, introducing changes to the...
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...
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin
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