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Article 1 mai 2020
Fatal damages update – a UK and Ireland comparison
On 19 March, the Ministry of Justice (MoJ) announced an increase to the statutory bereavement award in England Wales to £15,120. This new figure is to reflect inflation since the award was last increased to its current level of £12,980 in April 2013.
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Article 2 out 2019
No change in Scotland’s discount rate is a minus move
The Government Actuary Department (GAD) has published their determination of the discount rate in Scotland, concluding that it should remain unchanged at minus 0.75%.
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Article 19 jun 2019
The new discount rate in Scotland unlikely to be positive
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.
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Article 20 dez 2018
One stage closer to accurate compensation? Update on the Scottish Damages Bill
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.
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Case review 8 nov 2018
Abuse of CPAP - an expensive lesson for pursuers
A recent decision of the All Scotland Personal Injury Court indicates that pursuers looking to abuse the rules of the compulsory pre-action protocol for personal injury, will be penalised severely.
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Article 2 nov 2018
Kennedys warns of rising cost of injury claims following Scottish reforms
Our team in Scotland comment on how changes to the way claims for personal injury are handled by the courts are set to significantly increase the bill for Scottish insurers and policyholders.
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Case review 28 set 2018
Scottish court takes strong line on limitation
This Scottish road traffic accident claim is a victory for defenders. In this case, the court maintained a strong line on the defenders’ statutory protection under the Prescription and Limitation (Scotland) Act 1973, strictly applying the three-year personal injury limitation period.
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Article 27 jun 2018
How the Expenses Act 2018 will shape the future of personal injury in Scotland
The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act has been a long time coming, and finally received Royal Assent on 5 June 2018. As a result some fairly radical changes to Scottish litigation are just around the corner.
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Article 20 jun 2018
Responding to the discount rate change – Scotland to consider a new methodology
On 14 June 2018, the Cabinet Secretary, Michael Matheson introduced the Damages (Investment Returns and Periodical Payments) (Scotland) Bill, with significant implications for anyone dealing with serious injury claims in this jurisdiction.
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Case review 18 out 2017
Scottish bereavement damages decision focuses on life expectancy
Scottish bereavement damages decision focuses on life expectancy