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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.
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%.
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.
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.
Case review 08/11/2018
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.
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.
Case review 28/09/2018
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.
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.
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.
Case review 18/10/2017
Scottish bereavement damages decision focuses on life expectancy