Lawford Kidd's Blog

Sheriff Principal James Taylor has recently published his much anticipated report on the system of expenses and funding of civil litigation in Scotland. The report contains a number of recommendations for far-reaching changes to the current system, some of which relate directly to the personal injury claims process.

Background

The need for a review of expenses and funding of civil litigation in Scotland was initially highlighted by the then Lord Justice Clerk, the Rt. Hon. Lord Gill, in his report of the Scottish Civil Courts Review. The recommendation was taken up in March 2011 when Sheriff Principal Taylor, a member of the Board of the Scottish Civil Courts Review, was asked to conduct the review by the then Minister for Community Safety, Fergus Ewing MSP.

The Review was extensive, and included 57 meetings, a fact finding visit and a public consultation exercise. It has resulted in a report described by the Scottish Government as “thorough and meticulous,” which puts forward a number of radical and substantial changes to the current system, and sets out 85 recommendations to put these into practice.

A TUC survey has revealed that despite laws which say employers must give their staff personal protective equipment (PPE) free of charge, more than one in five workers are being forced to pay for it out of their own pocket.

PPE includes protective clothing, helmets and goggles designed to protect workers from injury, electrical hazards, heat, chemicals, and infection. More than one in 10 (11.6%) of those who responded to the TUC questionnaire said that although their work required them to wear safety equipment of some kind, their employer failed to provide or pay for this. A further 8.9% cent were made to pay for any replacement equipment if their original PPE was damaged.

Women workers were even less likely than men to have their safety equipment provided, with more than 15% having to provide all or some of their own attire - usually foot protection or overalls - compared to 10.5% of men.