Lawford Kidd's Blog

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:

The Justice Committee of the Scottish Parliament recently published its fifth report on the Courts Reform (Scotland) Bill. Lawford Kidd's submissions are referenced at paragraph 151:

"Lawford Kidd, personal injury solicitors, suggested that the Bill should provide for automatic sanction for counsel in: all cases above the value of £50,000; all industrial disease cases; all clinical negligence cases; and all cases involving fatalities. It went on to argue that sanction for counsel should not be left to the discretion of the court because of the uncertainty for claimants and defenders and the amount of court time that would be required to deal with motions for sanction for counsel."

The full report can be read here

At a recent event run by the Law Society of Scotland, Lawford Kidd's partner Paul Kirkwood had the opportunity of putting questions to Scotland's Deputy First Minister Nicola Sturgeon MP and Secretary of State for Scotland, Alistair Carmichael MP, on the topic of Scottish Independence and what it means for Scottish solicitors.

The conference explored key topics such as currency and economics, Scotland's membership of international organisations, political and parliamentary reform and considered what change could mean for the legal profession itself.

View Paul's contribution here.

The Trade Union Congress (TUC) has voiced its concerns over UK Government 'attacks' on health and safety legislation, warning of the serious consequences for the UK workforce.

In a report, Toxic, Corrosive and Hazardous: The Government’s Record on Health and Safety, TUC reviews the UK's health and safety system over the past four years, showing that the Government has:

• cut state funding of the HSE by over 40 per cent;
• set up three reviews to look at the ‘burden’ of health and safety regulation and another to look at the function of the HSE, which have led to considerable disruption and reductions in protection for workers;
• drastically cut HSE and local authority inspections;
• blocked any new regulations and removed a number of existing protections;
• ditched important Codes of Practice;
• cut the level of support and guidance available to employers and health and safety representatives;
• changed what employers have to report, undermining the amount of knowledge that we have on levels of injury and illness;
• drastically cut the HSE’s work on occupational health issues;
• blocked new initiatives from Europe and attempted to reduce existing protection;
• made it much harder for workers to claim compensation after they are injured or made ill; and,
• undermined the independence of the HSE.

The report illustrates the 'significant' effects these issues are having and will have upon workers - with many more lives being unnecessarily put at risk.

Appearing before the Scottish Parliament’s Justice Committee this week, the Rt Hon Lord Gill, Lord President of the Court of Session, criticised the current civil justice system for wasting public money, stating:

“Public money is being inefficiently spent in the present system” and “[in] many cases, the legal costs have already outstripped the value of the case before the lunch adjournment, and that just can’t go on”.

Defending the Courts Reform (Scotland) Bill, which Lord Gill suggests is “probably 50 years overdue”, he continued: