Lawford Kidd, Personal Injury Solicitors

Expert claims & compensation solicitors. We can help you if you have suffered an accident or injury in Scotland. Call us on 0808 258 1233 or fill in our online contact form.

Faculty has doubts over proposed legislation to reform FAIs

The Faculty of Advocates has published details of its response to the consultation over the Inquiries into Deaths (Scotland) Bill, which has been proposed by MSP Patricia Ferguson to make reforms to the current system of fatal accident inquiries (FAIs).

In its response, the Faculty acknowledged that there was room for improvement in the current system, but warned that the proposed legislation could have a number of “unintended and unwelcome” consequences.

The Faculty said it did not support the proposal to extend the requirement for an FAI for a work-related death to include deaths caused by industrial disease. In its response it said:

"In the case of industrial diseases, it is very often the case, due to long latency periods applying to the disease process, that the death will occur long after lessons have already been learned about the dangers posed by the causative agent and the precautions required to avoid exposure.”

In response to the proposal that statutory recognition should be given to the principle that discovering the lessons to be learned from a death was at least as important as discovering the cause of the death, the Faculty states that it doesn’t believe legislative change is necessary to address this point.

It said: "We think that the current legislation does already recognise the importance of discovering lessons to be learned from a death and that, in practice, the current system does operate to ensure that where lessons can be learned from a death, they are."

The response concluded: "We think certain aspects of the proposed Bill have the potential to encourage FAIs to become adversarial in nature as opposed to inquisitorial. Other unintended and unwelcome consequences are the increase in the length, complexity and additional expense of FAIs, and potential for injustice arising from the provisions relating to the enforcing of recommendations."

Contact our Injury Solicitors in Scotland

For specialist personal injury claims advice in Scotland, contact us today: click here to make an online enquiry or call us on 0800 027 1480.

Scottish firms penalised for health and safety fai...
Updated guidance to help protect workers’ safety

Related Posts

By accepting you will be accessing a service provided by a third-party external to

Get 100% compensation! Start your claim here

Our expert injury lawyers will review your claim and get back to you shortly.
Please let us know your name.
Please let us know your email address.
Please write a subject for your message.
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Motor Accident Solicitors Society Association of Personal Injury Lawyers
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.