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Disputes

Disputes

ATE Insurance Premium Not Recoverable Legal Expenses

After the event (ATE) insurance is a type of policy taken out after a dispute has arisen to protect against the risk of having to pay the opponent's legal costs if you lose. The UK Supreme Court has held in McGraddie v McGraddie that an ATE insurance premium is not a recoverable cost by the successful party in Scottish proceedings.

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LChalmers

You Put It There In The First Place!

Have you ever stood on an upturned plug?  I have.  At least three times, from memory.  It is a combination of the most irritating and uncomfortable injury I have ever sustained.  Each time, I found myself grabbing my foot, hopping around like a kangaroo and screaming “WHO PUT THAT THERE?!”

This may seem like a completely unreasonable response to (a) not watching my step and (b) neglecting to wear anything on my feet, but I would not be the first to lay the blame for my injuries on the person who brought the offending product into my personal space.

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LChalmers

Scottish Courts: Changes on the Way

Stephen Farrell

The Lord President of the Court of Session, Lord Gill, yesterday announced a timetable for implementation of various parts of the Courts Reform (Scotland) Act 2014:

From September 2015

  • A new personal injury court with Scotland-wide jurisdiction will be established in Edinburgh.
  • The threshold for raising cases in the Court of Session will increase from £5,000 to £100,000
  • A new Sheriff Appeal Court will be created to deal with appeals from sheriffs.  The court will have nationwide jurisdiction (rather than the present appeals to

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Burness admin

Is Section 69 To Be Short Lived?

On 1st October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 removed the ability of an employee to rely on a breach of health and safety regulations by their employer as an automatic basis for a damages claim (see my previous blog here).

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LChalmers

Obesity And Disability - European Court Decision

The European Court has now delivered its judgement in the case of Kaltoft v The Ministry of Billund.  The Court follows the opinion of the Advocate General which we previously highlighted in an earlier blog in July.

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LChalmers

Does Your Disciplinary Process Provide For “Overall Fairness”?

A recent case has highlighted the importance the court places on the overall fairness of a disciplinary system even where some ingredients of what would generally be considered important ingredients of a robust procedure, are missing.

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LChalmers

Courting Controversy: The Passing Of The Courts Reform Act

Today, the Scottish Parliament is expected to pass the Courts Reform Act.  This piece of legislation will have a profound impact on litigation in Scotland: there will be a significant transfer of business from the Court of Session, the superior court, to the sheriff courts.  The Scottish Government’s intention is that the Court of Session will (mostly) be left to deal with cases worth over £100,000.

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LChalmers

Governing Law And The Case Of The Disappearing £45 Million Funding Deficit

Sarah Phillips

The case of Briggs & Ors v Gleeds (Head Office) & Ors, is a salutary lesson on taking care to comply with the required formalities when executing deeds.

Around thirty deeds dated between 1993 and 2006, which were intended to amend the pension scheme documentation, were found to be invalid because the signatures of the partners in the employing partnership had not been witnessed.

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LChalmers

Sanctions – Are You Playing Russian Roulette?

Fran Hutchison

The ever-changing global political environment will always mean that international businesses must maintain robust international sanctions and export control compliance programmes. This is particularly so in the oil and gas industry.

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LChalmers

Toyota Accelerates Into U.S. History Over Safety Issues

Claire Adams

Time and time again it has been shown that companies facing product liability issues can turn badwill into goodwill by handling potentially damaging situations constructively.

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LChalmers