News & Updates
Health & Safety update
Health and safety update including updates on the ERRA removal of civil liability for breach of statutory duty; EU Consultation examining challenges in the occupational safety and health area, and the…
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Insurance: Misrepresentation and non-disclosure - FOS online technical resource
The Financial Ombudsman Service (FOS) has published a new online technical resource on how it approaches cases involving misrepresentation and non-disclosure by consumers when taking out insurance…
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Local authority: Trip on cobblestone - Highways Act 1980 – s.58 defence – conscientious annual inspection
In order to establish a claim for breach of duty to maintain the highway under Section 41 Highways Act 1980, a Claimant must identify the particular defect which caused the injury.
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Motor prosecution: Fixed penalty notice regime - overhaul
From July, where an individual is seen driving in a careless or inconsiderate manner, they can be stopped by the police and issued with an FPN. In addition to carrying the endorsement of three penalty…
Read moreMotor prosecution: Increased fines for using a mobile phone at the wheel
As part of the Government’s changes to the (FPN) regime (1.5 above), from July, drivers caught using their mobile phones whilst driving will face higher on-the-spot fines. Drivers who accept an FPN…
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Health and safety prosecutions: Report by Inspectorate of Prosecution in Scotland
The Inspectorate of Prosecution in Scotland reported last month on the performance of the Crown Office and Procurator Fiscal Service Health and Safety Division.
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Latest news from MoJ and Portal Company
The MoJ wants to make us better informed on portal developments as we move towards late July when the RTA portal will be extended, and the EL and PL portal introduced. They were right to see that time…
Read moreAction for damages: Res judicata
Catherine Hart comments on the decision in Smith v Sabre Insurance Company Limited (2013), where the Inner House considered an appeal against a judge’s decision to dismiss a claim on the basis that it…
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Costs: Update on guideline hourly rates
Key points from the Civil Justice Council (CJC) Costs Committee's meeting held on 16 April 2013 – new rates not expected to be set until the end of March 2014.
Read morePolitical challenges ahead to Jackson/LASPO changes
Are the Jackson Reforms sufficiently permanent to be able to survive a future change of Government? Until now, there had been no word that a future Labour Government, if elected in 2015, would make…
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