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The Scottish Government has announced that the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (the Act) will come into force on 1 July 2019, triggering the UK Government Actuary's Department (GAD) to start work assessing a new Scottish rate.
Technological and medical advancements are progressing to produce improved methods to prevent and detect sports-related concussions (SRC), which in turn present additional obligations in risk management.
We have highlighted that NHS trusts, private hospitals and clinical commissioning groups (CCGs) need to prepare for new responsibilities under the regime governing the deprivation of liberty of those without the mental capacity to consent to it.
We are very pleased to announce that we have promoted ten lawyers to our partnership, with nine based in the UK and one in the US.
The then-Lord Chancellor’s announcement on 27 February 2017, to reduce the discount rate from 2.5% to minus 0.75%, surprised those representing both claimants and defendants and has led to overcompensation in many cases. Fortunately, the Civil Liability Act 2018, which reforms how the discount rate is set, received Royal Assent on 20 December 2018, and should restore fairer compensation levels.
A roundup of recent court decisions raising issues in relation to childhood abuse trials, unidentified drivers, an EL claim following a terrorist attack, the ability to adduce evidence in relation to life expectancy and concerns over the security of periodical payments against the backdrop of Brexit.
Case review 02/28/2019
The question whether periodical payments by a 'passported' insurer are ‘reasonably secure’ pending the unknown future outcome of Brexit was considered in a recent case. The parties were agreed that the answer was in the affirmative, but the court had to satisfy itself when approving the settlement.
We are pleased to announce that KLAiM, our ground-breaking virtual defence lawyer that allows clients to take more control over litigation, is being rolled out internationally and also to new lines.
Late on 18 December 2018 the Scottish Parliament passed stage 1 of the Damages (Investment Returns and Periodical Payments) (Scotland) Bill (the Bill) in Holyrood.
The Civil Liability Bill passed the Lords without amendment on 20 November 2018 and will become law as soon as it is granted Royal Assent.