Our monthly round-up of developments dominating the legal landscape in Scotland.
The Scottish Legal Awards – Winners
What a week our Counter-Fraud Scotland team had last week with Jill Sinclair winning Lawyer of the Year 2019 and the team winning the Legal Technology Award at the Scottish Legal Awards in Glasgow. On the same night we were also successful at the LV= Supplier Awards where we won the Best Fraud Public Awareness Award for the work Jill and the team have done in Scotland.
The team are delighted to have won these awards. Taking part in the awards process enables us to take stock of the highlights of the past year and celebrate the innovative work that has been carried out on behalf of our clients and also for the local communities where we operate. There has been a great deal of focus on bringing external agencies together to look at innovative ways to disrupt the market and tackle fraudulent behaviours. In insurance claims, fraud is often seen as a victimless crime but its effects can be felt far and wide, impacting on the most vulnerable in society, as well having severe financial implications. Being in a position to tackle this head on is the most satisfying part of our job and so to win these awards is wonderful recognition for the strides we are making to combat fraudulent behaviour.
Press around the awards:
Lawyer of the Year 2019 - Jill Sinclair
Legal Technology Award
The Damages (Investment Returns and Periodical Payments) (Scotland) Bill was approved by the Scottish Parliament. The Bill will now proceed for Royal Assent in the next month.
Our legal alert on the key issues can be viewed here.
Scottish Abuse Claims
Scottish Child Abuse Inquiry - the inquiry continues to hear evidence at Phase 3 of its public sessions. Phase 4, looking at residential childcare establishments run by male religious orders, will commence on 4 June 2019. News and updates can be viewed here.
Abuse pre-action protocol – we are liaising with the Law Society of Scotland about the progress of the abuse protocol. The working party met earlier this month and we understand that once they are satisfied with the draft protocol they are looking to circulate this for comments. We hope we can become involved at this stage to present our opinions.
Scottish Government Redress Scheme – Earlier this year the Scottish Government expanded on its commitment to introduce a financial redress scheme for survivors of childhood abuse in care in Scotland. The extra detail now provided is that:
there will be a full public consultation on the proposed statutory scheme later in 2019
advanced or “fast track” payments may be made “from April 2019”.
DWF publication – we will be sending a UK wide publication on abuse claims to all clients with an interest in this area and relevant Scottish updates will be detailed in this.
If you wish to discuss training for your teams or consider outsourcing abuse work please contact Andrew Lothian who heads up our Scottish abuse team.
Our next Disrupt to progress event will take place on 27 March and will focus on motor insurance and motor finance fraud.
Fraud Roundtable – Organised Fraud - 22 May 2019
Counsel Seminar – Prescription - date tbc
Save the date - We are pleased to let you know we will be holding our very successful Scottish Claims Conference again this year on Thursday 12 September 2019. Invitations will be sent out in the next few months.
Counsel Seminar – Fundamental dishonesty in Scotland – date tbc
For further information, please contact:
Andrew Lothian, Partner
Head of General Insurance (Scotland)
DD 0131 474 2305
Alison Grant, Partner
Professional Indemnity Scotland
DD 0141 228 8127
Jill Sinclair, Partner
Head of Counter Fraud (Scotland)
DD 0141 228 8196
Caroline Coyle, Senior Associate & Professional Support Lawyer
DD 0141 228 8132
For further information please contact:
Caroline Coyle, Associate, Professional Support Lawyer Insurance on 0141 228 8132
Andrew Lothian, Head of General Insurance (Scotland) on 0131 474 2305
Alison Grant, Partner, Professional Indemnity Scotland on 0141 228 8127
Jill Sinclair, Head of Counter Fraud (Scotland) on 0141 228 8196
This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.