2018
Scotland Discount Rate
This week the Damages (Investment Returns and Periodical Payments) (Scotland) Bill last night received the support of the Scottish Parliament and will now proceed to Stage 2 where amendments can be…
Read moreThe Civil Liability Act 2018 arrives but latest Claims Portal data shows a confident market
On the day that the Civil Liability Bill gets Royal Assent and becomes the Civil Liability Act 2018, we look to the Claims Portal data for the month of November and see signs of a recovering claims…
Read moreDWF successfully defends claims brought against its client, Tonkolili Iron Ore (SL) Limited, relating to the unfortunate events which led to the injuries of 142 individuals in Sierra Leone
Turner J confirmed in a Judgment today that injured claimants had failed to establish liability in respect of any of the bases upon which they sought to bring their claims arising from injuries…
Read moreFailure to restore company to the register: appeal judgment supports strike out of deafness claim in light of claimant's defaults
Patrick McBrien of DWF's disease team has succeeded in applying for this occupational deafness claim to be struck out and then more recently in resisting the claimant's appeal against the district…
Read moreScotland Focus
Our monthly round-up of developments dominating the legal landscape in Scotland.
Read moreThe Disclosure Pilot cleared for take off
Following a lengthy consultation process, the Disclosure Pilot was recently published as Practice Direction 51U to the Civil Procedure Rules. The two-year pilot scheme is set to launch in the Business…
Read moreAppeals – "The Show Must Go On" or "Another One Bites the Dust"?
In the same month as the Freddie Mercury / Queen biopic Bohemian Rhapsody hit UK cinemas, Coulson LJ provided useful guidance on the proper scope of appeals where parties disagree with the trial…
Read moreChanges to third parties' rights against insurers
Between 1930 and 2016, anyone looking to make a claim against a dissolved company's insurers needed to restore the company to the Companies Register first before being able to pursue the insurers…
Read moreGround rent risks – 12 months on
In an article for Estates Gazette dated 31 July 2017, we identified the potential for claims against professionals where they failed to consider the implications of the ground rent provisions in…
Read moreLooking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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