Lawford Kidd's Blog

Lawford Kidd's injury solicitors' blog designed to cover all areas of the law relating to accident compensation claims, injury claims and no win no fee in Scotland.

Backtracking? Scottish Government Reduces New Court Threshold

The controversial Courts Reform (Scotland) Bill is to be amended after the Scottish Government agreed not to increase the exclusive competence of the sheriff court to £150,000. Instead, it will be increased to £100,000.

The new threshold of £100,000 was agreed during Holyrood’s Justice Committee's stage 2 consideration of the Bill, despite to pressure from MSPs to have the figure set at either £30,000 or £50,000.

The Government’s concession is perhaps no more than a step in the right direction, with much of Scotland’s legal community – particularly its personal injury lawyers – remaining concerned about the ability of claimants to obtain justice.

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1056 Hits

Advocates Have Their Say On Personal Injury Pre-Action Protocols

The Faculty of Advocates has published a response to the Scottish Civil Justice Council’s (SCJC) questionnaire on pre-action protocols that require necessary steps to be taken before a case can start.

Presently, there are no compulsory pre-action protocols in Scotland. Instead there are four voluntary protocols covering: Court of Session commercial actions; personal injury claims up to £10,000; professional negligence claims up to £20,000; and, industrial disease claims.

With the Courts Reform (Scotland) Bill proposing to give the Court of Session the power to introduce compulsory pre-action protocols, last month, the SCJC began an information gathering exercise on: (1) the current use of voluntary pre-action protocols; and (2) the possible introduction of compulsory protocols.

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1354 Hits

EU Having Positive Impact on Safety Legislation

The European Union (EU) is positively impacting upon both health and safety and environment legislation in the United Kingdom, according to a new survey by Cedrec.

Cedrec, which helps simplify and interpret safety and legislation, conducted the survey of heath and safety and environment professionals across the UK, in a bid to better understand perceptions about the EU, ahead of European elections.

In terms of safety legislation, the survey showed: fifty-four per cent (54%) of the professionals survived believed the EU is having a positive impact on making the workplace safer; thirty-four per cent (34%) indicated the EU was having a negative effect, thus making the workplace more dangerous; while twelve per cent (12%) said the EU was making no difference.

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1036 Hits

Parliament Debates Courts Reform Bill

The Stage 1 debate on the Courts Reform (Scotland) Bill took place earlier this week, with MSPs unanimously approving the general principles of the bill.

Perhaps unsurprisingly, following the Justice Committee’s Stage 1 Report and recent comments made by the Law Society of Scotland, much of the debate focused on the proposal to increase in the private jurisdiction limit of the sheriff court for bring claims worth £5,000 up to £150,000.

Ahead of the debate, Law Society of Scotland’s Civil Justice Committee Secretary, Fiona Robb stated:

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1050 Hits

Court Reform Bill Advances but Questions Raised

The Scottish Parliament‘s Justice Committee has now published its fifth report on the controversial Courts Reform (Scotland) Bill, which implements the recommendations of Lord Gill’s Review overhauling the Scottish civil court system.

The report, which references submissions made by Lawford Kidd, makes it clear that whilst the Committee welcomes the Reform Bill’s general principles, serious concerns remain, particularly in relation to the proposal to increase the monetary threshold for Sheriff Court actions from £5,000 to £150,000.

The Justice Committee Convener and MSP, Christine Grahame commented:

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1516 Hits

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