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Disputes

Disputes

The “New” Future for Compensation - The Scottish “Discount” Rate

In the personal injury world, it has long been agreed that it is necessary to vary compensation for future losses to reflect the fact that recipients would invest their money and receive a return on that investment. The question has always been:

What is a fair discount rate and how do we determine that?

Scotland’s answer was introduced earlier this year in the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019, which created a new mechanism for determining the discount rate in Scotland.

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Another One Bytes the Dust: a commercial litigator’s view of Thomas Cook’s collapse

Journalists might have expected to enjoy a slow news day, increasingly rare in the Brexit era, while awaiting the Supreme Court’s judgement on the prorogation of Parliament. 

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Dilapidations – coffee sweetener as a measure of loss

Coffee sweetener as a measure of loss? Honestly? Well…

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Commercial Litigation Strategy: Lessons from BoJo vs Bercow and the Scottish Courts

There’s a well-known military saying about battle plans: “no plan survives contact with the enemy”. I prefer Mike Tyson’s glorious re-imagining of it for the boxing ring: “everyone has a plan until they get punched in the face”. As I tweeted recently, Boris Johnson is discovering that this remains as true as it ever was. And from the outside it seems that he’s getting punched in the face a lot.

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Liability insurance is a significant cost for employers – is it going to get any cheaper?

Liability insurance is a significant, but necessary, cost for businesses. While insurance companies have their own complex ways of calculating premiums for a particular business, it is undoubtedly the case that your premium is affected by both the cost of claims in general and how much of a risk your business presents.

Cost of claims

Let’s focus on personal injury claims. The main spend for insurers defending personal injury claims are the level of damages paid to a claimant and the costs paid to his or her lawyer.

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Brexit ad for EU nationals deemed misleading

Misleading and Brexit are two words commonly found in the same sentence.  This week was no different, and not just within the world of frontline politics.

On Wednesday, the Advertising Standards Authority (“ASA”) found that the Home Office misled the public in the marketing of a new scheme through which EU Nationals apply in order to continue living and working in the UK lawfully after Brexit.

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Notices – getting them right and the costs of getting it wrong

Serving notice under a contract might seem pretty straightforward, but there have been plenty of cases where the receiving party successfully challenges the validity of a contractual notice in court.  Getting the notice right is crucial, and last month the court reminded us of the potentially drastic consequences of getting the notice wrong (which, in this case, was some £8 million for the party who had failed to serve the notice correctly).

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A casual calculation: holiday pay for irregular workers

Employers will be taking a sharp intake of breath at the recent decision of the Court of Appeal in the case Brazel v The Harpur Trust (UNISON intervening) which addresses how to calculate pay for workers and employees who work irregular hours throughout the year.

The decision

The case concludes that the current practice of paying 12.07% of annualised hours to discharge an employer’s holiday pay obligation, as set out in ACAS guidance, is no longer reliable.

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Insurance litigation in Scotland – What can we expect for the second half of 2019?

As we pass the mid-point of 2019, our insurance litigation team reviews what we should look out for in the second half of 2019 and beyond.

New rules on costs and group proceedings

The Civil Litigation (Expenses and Group Proceedings) Scotland Act 2018 has three main objectives: (1) to make the costs of court actions more predictable; (2) increase funding options for the pursuer; and (3) deliver a more streamlined approach to mass litigation through the introduction of group proceedings. 

Possibly the most signifi

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HMRC: HR Directors & Hiring Managers to apply the off-payroll worker tax rules (IR35)

Yesterday, HMRC issued hotly anticipated draft legislation to reform off-payroll working tax in the private sector. The proposed changes, which will be introduced on 6 April 2020, mean that the burden of sorting out “widespread non-compliance” will be placed on private sector companies. This will create more work between now and 6 April 2020 for HR teams’ and Hiring Managers and generate a bigger tax bill for their business.

Proposed revisions

Legislation wi

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