Levy & McRae CLAIMS IN SCOTLAND
|
|
- Brianna Shelton
- 8 years ago
- Views:
Transcription
1 Levy & McRae CLAIMS IN SCOTLAND
2 Contents 3 Introduction 4 Voluntary Pre-action Protocol 6 Raising a Court Action 7 Sheriff Court 9 Court of Session 10 Time Bar 11 Hearings 12 Expenses 2
3 Introduction Credible, reputable and successful. That's who we are and if you have been injured because of someone else's negligence, that's what you need your lawyer to be. The purpose of this guide is to provide a general overview to the procedure surrounding claims in Scotland. In Scotland, the law demands that those responsible for causing injury to others reimburse them for certain expenses, and for their pain and suffering. Claims arise in many areas: Car Accidents Medical Negligence Accidents at Work Wrongful Death Product Defects Professional Negligence Disease You must act in time to protect yourself and your family - every claim for injury must be in court usually within 3 years of the event causing injury or loss, or it will be time-barred. In aviation cases and international claims the time limits are often much shorter and can be as little as 1 or 2 years. Please do not hesitate to contact us if you feel you may have a claim. Levy & McRae 266 St Vincent Street Glasgow G2 5RL Telephone:
4 Voluntary Pre-Action Protocols Personal Injury Since 1 January 2006 Scotland has operated a Pre-Action Protocol procedure for personal injury claims. The purpose of the protocol is to give parties an opportunity to settle personal injury claims without the need for litigation/raising a court action. The protocol can be entered into voluntarily, on a case to case basis or by mutual agreement. The protocol is generally designed for cases worth up to 10,000. The main features of the protocol are as follows: Once sufficient information has been garnered letter of claim is to be sent by the pursuer to the defender or the defender s insurer. This letter should include details of the claim allowing the pursuers to carry out their own investigation and provide a broad valuation to the claim. Insurers should respond to this letter within 21 days from receipt and advise as to whether the claim will be dealt with under the protocol. Following this response, the insurer has a period of 3 months to investigate the claim and revert to the pursuer stating whether or not liability is admitted. If liability is admitted, the pursuer must submit a valuation of claim with supporting documentation. A medical report should also be instructed by the pursuer at the earliest opportunity and no later than 5 weeks after liability has been admitted. Once a settlement figure has been agreed, cheques must be passed within 5 weeks. 4
5 Disease Claims The protocol for disease claims came into effect on 1 June Diease is defined as follows: Any illness, physical or psychological, any disorder, ailment, affliction, complaint, malady or derangement, other than physical or psychological injury solely caused by an accident or other similar singular event. A singular sensitising event may be considered appropriate for this Protocol Protocol for disease follows a similar format to the regular protocol, the main differences being: Once medical reports are disclosed to the insurer, the insurer is encouraged to question the claimant s expert and may, if appropriate, seek their own medical evidence. The pursuer remains entitled to raise proceedings up to one year following a repudiation of liability or rejection of a settlement offer. 5
6 Raising a Court Action Claims of Less than 5,000 Any claim of less than 5,000 must be raised in the Sheriff Court. If a claim is for more than 5,000 it may still be raised in the Sheriff Court as there is no upper limit for value. Claims between 3,000-5,000 will be governed by the Summary Cause Rules. Claims under 3,000 (not personal injury) will be governed by the Small Claims Rules. Claims of More than 5,000 A claim of greater than 5,000 may also be raised in the Court of Session in Edinburgh. Personal injury claims for over 5,000 raised in the Sheriff Court are governed by their own set of procedures - Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) Commercial Claims Commercial Claims raised in the Sheriff Court and the Court of Session are governed by their own respective sets of rules. Again, if a claim is between 3,000-5,000 or less than 3,000 they will be governed by the Summary Cause of Small Claims procedure. 6
7 Claims in the Sheriff Court Depending on the nature and value of an action raised in the sheriff court, there are certain different procedures which must be followed. Small Claims A small claims action can be raised for any claim under 3,000 that is not a personal injury claim. The procedure is designed to be simpler and less formal than of claims of higher value. Summary Cause Summary cause procedure governs claims between 3,000 and 5,000 and is generally used for actions for am payment of money. Similar to small claims, the procedure is designed to simplify the claims process for relatively small claims. Ordinary Cause Ordinary Cause procedure governs claims for over 5,000. This is generally a more complex procedure than small claims and summary cause for more complex, higher value cases. An initial writ should be served on the defenders. The defenders will then have 21 days to lodge a Notice of Intention to Defend notifying the court that the action will be defended by them. Following this, there a period of 14 days for defences to be lodged. There will then be an 8 week period for parties to adjust their pleadings. An options hearing (court hearing to determine further procedure) will take place shortly after. 7
8 Personal Injury Procedure A specialised procedure for personal injury actions in the Sheriff Courts commenced in 2 November There is no upper limit for value of such a claim. An initial writ should be lodged by the pursuer containing a brief narrative of the facts of the claim. This must also identify relevant doctors and hospital. If the action is defended, a timetable will be produced by the court detailing the following: The date of the proof (trial). This must be within 9 months from defences being lodged. The dates at which a third party notice must be lodged. The last date for adjustments to pleadings. The dates for both the pursuer and defender to lodge a statement of valuation of claim. The date of the pre-proof conference a meeting between both parties prior to the proof. 8
9 Personal Injury Claims in the Court of Session As well as being able to raise in the Sheriff Court, a personal injury action of over 5,000 can also be raised in the Court of Session in Edinburgh. It tends to be more complex and high value cases which are raised in the Court of Session. Why Raise in the Court of Session? Highest civil court in Scotland Complexity of issues Judges specialized in personal injury The option of a jury trial Personal injury actions in the Court of Session are governed by Chapter 43 of the Court of Session Rules and came into effect on 1 April days following the summons being served on the defender, the pursuer can lodge the summons for calling. Within 3 days of calling, the defender, if the action is to be defended, must enter appearance. Defences are then to be lodged within the next 7 days. Similar to Sheriff Court personal injury procedure, a strict timetable will govern the action. The timetable will include the following: The date at which a third party notice must be lodged The dates that the pursuer and defender must lodge a notice of valuation of claim The last date for adjustment to pleadings The date for a minute to be lodged recording the outcome of the preproof meeting The date for the proof 9
10 Time Bar There are certain time frames fixed by the Prescription and Limitation (Scotland) Act An action raised in any of the civil courts in Scotland must be warranted by the court and served on the defender within these timescales. Any action raised after the expiry of these limits (unless with agreement between the parties) will be incompetent. Personal Injury Under s.17 a Personal Injury Action must be raised within three years from the following: The date on which the injuries were sustained If the act/omission causing the injuries was continuous, the date at which this act/omission ceased The date at which the pursuer became aware of the injuries In the case of injury to a child, the three year time bar will not commence until the pursuer reaches the age of 16 Other Claims For claims not involving injury, the general time bar period is five years following the date of the agreement/incident. 10
11 Court Hearings Proof A proof as a hearing on the facts and evidence of a case only. It is essentially the civil equivalent of a trial. The pursuer will generally be first to call witnesses, with the defender having the opportunity to cross examine their evidence. Once the pursuer s evidence has concluded, the defender will have the opportunity to call witnesses, with the defender being able to cross examine. Both parties will then have the opportunity to make closing speeches before the Sheriff/Judge provides their decision Jury Trial A jury trial may only be requested in Court of Session actions and it is generally acknowledged that the pursuer has a right to a jury trial. However, this may be objected to by the other party, usually because the issues are too complex or inappropriate for a jury decision. Proof Before Answer This is similar to a proof in that it is a hearing on the evidence and facts. Unlike a proof, the parties may address the court on legal arguments once the evidence has concluded. Debate This is the part of an action where legal debates only take place. It can take place before a proof or afterwards if it would be impossible to answer the legal issue until after the evidence is heard. 11
12 EXPENSES Following a Court Action Generally, in a civil court action in Scotland, the expenses of the action can be recovered by the successful party. The level of expenses that can be received is a question for the court to decide. If there remains dispute in relation to the amount recoverable there can be a further court hearing fixed and the successful party s file taxed (audited by a law accountant). Pre-Litigation Expenses Expenses for claims settled prior to litigation are governed by the Pre-Action Protocol as follows: Claims settled after 1 January 2011: Instruction fee On settlements up to and including 1, On settlements over 1, Completion fee On settlements up to 2, % On the excess over 2,500 up to 5, % On the excess over 5,000 up to 10, % On the excess over 10,000 up to 20,000 5 % On the excess over 20, % 12
13 Levy & McRae 266 St Vincent Street Glasgow G2 5RL Tel:
The Claims and Court System Scotland
The Claims and Court System Scotland Brodies Quick Guide CONTENTS 5 INTRODUCTION 6-7 THE VOLUNTARY PRE-ACTION PROTOCOLS Personal Injury Disease Professional Risks 8 THE SCOTTISH COURT SYSTEM 9-11 THE
More informationINSURANCE SCOTLAND GUIDE
INSURANCE SCOTLAND GUIDE CONTENTS 5 Introduction 7-9 The Voluntary Pre-Action Protocols Personal Injury Disease Professional Risks 10 The Scottish Court System 11-14 The Court of Session - Personal Injury
More informationSCotland Guide INSURANCE SERVICES
SCotland Guide Insurance GROUP INSURANCE SERVICES Welcome to this the fifth edition of the Scotland Guide. Introduction Its purpose is to provide an introduction to Scottish procedural law for the benefit
More informationLegal Action / Claiming Compensation in Scotland
Legal Action / Claiming Compensation in Scotland This help sheet explains your legal rights if you have been injured as a result of medical treatment and the steps involved in seeking compensation through
More informationPre-Action Protocol for Disease and Illness Claims
Pre-Action Protocol for Disease and Illness Claims PROTOCOLS Contents 1 Introduction 2 Notes of guidance 2A ALTERNATIVE DISPUTE RESOLUTION 3 The aims of the protocol 4 The protocol 5 Communication 6 Letter
More informationYour Guide to Pursuing a Personal Injury Claim
Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose
More informationPre-Action Protocol for Disease and Illness Claims
Pre-Action Protocol for Disease and Illness Claims 1 INTRODUCTION 1.1 Lord Woolf in his final Access to Justice Report of July 1996 recommended the development of protocols: To build on and increase the
More informationThe Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom.
1 1. Introduction The Lifecycle of a Personal Injury Claim By Andrew Mckie (Barrister at Law) Clerksroom July 2012 The aim of the presentation is to look at the basic steps from the taking instructions
More informationClinical Negligence: A guide to making a claim
: A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process
More informationINFORMATION GATHERING EXERCISE QUESTIONNAIRE
ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil
More informationMAKING A PERSONAL INJURIES CLAIM*
MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial
More informationCHAPTER 42A. Case management of certain personal injuries actions. 42A.1. (1) Subject to paragraph (3), this Chapter applies to actions
CHAPTER 42A Case management of certain personal injuries actions Application and interpretation of this Chapter 42A.1. (1) Subject to paragraph (3), this Chapter applies to actions proceeding as ordinary
More informationASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators
ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields
More informationSPECIAL CIVIL A GUIDE TO THE COURT
NEW JERSEY JUDICIARY SPECIAL CIVIL A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil A Guide to the Court page 1 Special Civil is a court of limited jurisdiction
More informationCHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES
CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES Application and interpretation of this Chapter 43.1.-(1) Subject to paragraph (4) and rule 43.1A (actions based on clinical negligence).
More information2015 No. 227 COURT OF SESSION SHERIFF COURT
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2015 No. 227 COURT OF SESSION SHERIFF COURT Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal
More informationPRE-ACTION PROTOCOL. Re: Road Traffic Accidents and Personal Injury Claims. 1.1. The aims of the pre-action protocols are:
1 PRE-ACTION PROTOCOL Re: Road Traffic Accidents and Personal Injury Claims 1. GENERAL 1.1. The aims of the pre-action protocols are: (a) (b) (c) to foster more pre-action contact between the parties,
More informationPERSONAL INJURY CLAIMS
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants
More informationPRACTICE NOTE No. 2 of 2003 PERSONAL INJURIES ACTIONS
PRACTICE NOTE No. 2 of 2003 PERSONAL INJURIES ACTIONS The following notes are designed to explain how the Courts will approach the application and interpretation of the new rules for personal injuries
More informationHow To Settle A Car Accident In The Uk
PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation
More informationMedical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500
www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.
More informationMedical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500
www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience
More information2014 No. 14 SHERIFF COURT. Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2014
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2014 No. 14 SHERIFF COURT Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2014 Made - - - - 20th January 2014 Laid before the
More informationNEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS
NEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS From 1 January 2002, all non-injury motor accident claims must comply with the Practice Direction 2 of 2001. The new Practice Direction applies
More informationCOMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION
COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION THE SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS FEBRUARY 2003 The executive
More informationCivil Litigation: Reparation Law Legal Domain
Civil Litigation: Reparation Law Legal Domain The paralegal should be able to competently commence cases in different courts from initial instruction to completion on behalf of both Pursuer and Defenders.
More information1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )
Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued
More informationYes No No Preference. Comments. Comments
1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil Courts Review if made compulsory? (Please tick as appropriate)
More informationMedical Litigation in 2012
Medical Litigation in 2012 Jacob Tse Partner Mayer Brown JSM 8 May 2012 Medical Litigation All kinds of litigation relating to medico-legal matters Legal action for medical negligence 23989412 2 Time limit
More informationHow To Settle A Claim For Damages From A Car Accident In The Uk
Road Traffic Accident Claims A brief guide to the claims process Table on contents: Introduction... 2 If your claim falls out of the new regime... 2 Parties to a claim... 2 The claims process... 3 Time
More informationCompensation Claims. Contents
Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory
More informationA Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients
A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP
More information1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC )
Title Preparations for Personal Injury Trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued
More informationClinical Negligence. Issue of proceedings through to Trial
Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April
More informationSHERIFF COURT RULES COUNCIL PROPOSALS FOR PROCEDURAL RULES FOR PERSONAL INJURY ACTIONS IN THE SHERIFF COURT
SHERIFF COURT RULES COUNCIL PROPOSALS FOR PROCEDURAL RULES FOR PERSONAL INJURY ACTIONS IN THE SHERIFF COURT A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS (APIL 07/06) OCTOBER 2006 1 The Association
More informationInformation Gathering Exercise on Pre-Action Protocols
Information Gathering Exercise on Pre-Action Protocols May 2014 INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to
More informationGUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS
GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS At Richard Grogan & Associates we have Solicitors with significant experience and expertise who will advise and guide you through all matters relating to bringing
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1
More informationAccidents at Work. Everything you need to know
Accidents at Work Everything you need to know Falling from ladders, slipping on a wet floor, lifting a heavy item, cutting yourself on a machine. Even in the 21st Century the workplace is still dangerous
More informationRaising and Defending Ordinary Actions in the Court of Session. A Guide for Party Litigants
Raising and Defending Ordinary Actions in the Court of Session A Guide for Party Litigants Updated August 2012 Contents Background... 3 (i) Using this guide... 3 (ii) Introduction... 3 (iii) The Offices
More informationC.M. Haughey Solicitors Compensation Guide
C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
More informationEmployers Liability and Public Liability Claims
Employers Liability and Public Liability Claims A brief guide to the claims process Table on contents: Introduction... 2 Parties to a claim... 3 The claims process... 3 Time limit for bringing a claim...
More informationL.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS
LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS 1. Introduction
More information16 Steps to Getting a Fair Settlement for Your Injuries
The Petrylaw Personal Injury Reports 16 Steps to Getting a Fair Settlement for Your Injuries 1. Do not talk to anyone except your doctor, attorney or the police officer at the scene. Do not speak with
More informationPersonal Injury/Accident Claims Guidance
Hutchesons Solicitors 17 Strathmore House East Kilbride Glasgow Lanarkshire G74 1LF Tel: 01355 224545 Fax: 01355 276565 E-mail: mail@hutchesonlaw.co.uk Personal Injury/Accident Claims Guidance 1 This is
More informationPreamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013
HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk
More informationInformation sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims
Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims You have received this information sheet as it is likely that your claim will proceed
More informationINFORMATION GATHERING EXERCISE QUESTIONNAIRE
ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil
More informationTransport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010)
Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010) 1. INTRODUCTION 1.1 Consistent with its mission and vision statement, Client Service Charter and public commitment
More informationINFORMATION GATHERING EXERCISE QUESTIONNAIRE
ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil
More informationInformation. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation?
Information You are asking advice from Thomson Snell & Passmore about a possible clinical negligence claim. Such claims are complex and it would greatly assist your understanding of the issues if you read
More informationVHCC - Legal Aid Agency Clinical Negligence Funding Checklist April 2013 v2 (amended October 2015) Version: Issue date: Last review date: Owned by:
VHCC - Legal Aid Agency Clinical Negligence Funding Checklist April 2013 v2 (amended October 2015) Version: Issue date: Last review date: Owned by: 1 01.04.2013 01.04.2013 Special Cases Unit Version History
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL
More informationEnglish Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch?
English Civil Law and the Foreign Motorist Justice or a Lawyer s Lunch? Agenda Basic Principles The Civil Procedure The Claim - Practice Basic principles English Law is based on precedent - what courts
More informationA response by the Association of Personal Injury Lawyers May 2014
Scottish Civil Justice Council Information gathering exercise on pre-action protocols A response by the Association of Personal Injury Lawyers May 2014 Page 1 of 8 The Association of Personal Injury Lawyers
More informationVHCC - Legal Aid Agency Clinical Negligence Funding Checklist April 2013 v1 Version: Issue date: Last review date: Owned by:
VHCC - Legal Aid Agency Clinical Negligence Funding Checklist April 2013 v1 Version: Issue date: Last review date: Owned by: 1 01.04.2013 01.04.2013 Special Cases Unit Version History Version: Date Reason
More informationConditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].
Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In
More informationMOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012
MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS Introduction By Andrew Mckie (Barrister at Law) Clerksroom March 2012 Telephone 0845 083 3000 or go to www.clerksroom.com The protocol for Low Value
More informationDispute Resolution At A Glance Guide 2. The English Civil Procedure Rules The Woolf Reforms
Dispute Resolution At A Glance Guide 2 The English Civil Procedure Rules The Woolf Reforms The English Civil Procedure Rules Contents Section: Page No. 1. Introduction 2 2. Summary 3 3. Civil Procedure
More informationFrequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports
Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 2 Medical Reports Q35. Can insurers question the medical report? A35. The defendant/insurer cannot question the
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
More informationThe new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows
65 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the
More informationInformation Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014
Consultation Response Information Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014 The Law Society of Scotland 2013 Introduction The Law Society of Scotland aims
More informationHow to make a personal injury claim
A publication by Cute Injury How to make a personal injury claim A CLEAR AND CONCISE GUIDE TO THE PERSONAL INJURY CLAIMS PROCESS We provide professional and impartial advice from the outset and throughout
More informationA Guide To Claiming Compensation For Clinical Negligence
A Guide To Claiming Compensation For Clinical Negligence Introduction In order to bring a claim for Clinical Negligence, it is necessary to establish that the Doctor or Nurse involved in your medical treatment
More informationWHAT HAPPENS IN A PERSONAL INJURY CASE
WHAT HAPPENS IN A PERSONAL INJURY CASE From Negotiating With Insurance Companies To Trial By Michael A. Schafer, Attorney at Law 440 South Seventh Street, Ste. 200 Louisville, Kentucky 40203 (502) 584-9511
More informationPERSONAL INJURY CLAIMS
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. 2. Who can
More informationPersonal Injury Compensation Guide
Personal Injury Compensation Guide 2015 Personal Injury Compensation Claim Guide David J. Synnott This booklet has been produced by Synnott Lawline Solicitors to give our clients an understanding of the
More informationPolicy and Procedure for Claims Management
Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints
More informationINJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE?
INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? Medical malpractice is a broad term used to describe a number of different kinds of lawsuits brought against doctors and hospitals.
More informationPre action protocol for low value personal injury claims in road traffic accidents
http://websvr/textimagecreator (Text image creator to change heading) Pre action protocol for low value personal injury claims in road traffic accidents Contents SECTION I - INTRODUCTION Definitions Paragraph
More informationRIGHTS OF RELATIVES TO DAMAGES (MESOTHELIOMA) (SCOTLAND) BILL
RIGHTS OF RELATIVES TO DAMAGES (MESOTHELIOMA) (SCOTLAND) BILL POLICY MEMORANDUM INTRODUCTION 1. This document relates to the Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill introduced in
More informationAdvice Note. An overview of civil proceedings in England. Introduction
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
More informationLEVEL 3 -UNIT 9 CIVIL LITIGATION SUGGESTED ANSWERS - JUNE 2010
Note to Candidates and Tutors: LEVEL 3 -UNIT 9 CIVIL LITIGATION SUGGESTED ANSWERS - JUNE 2010 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationPersonal injury claims advice solicitors
Personal injury claims advice solicitors If you've suffered an accident or a personal injury that wasn't your fault, you could be entitled to make a compensation claim. Millbank solicitors personal injury
More informationSteve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by:
Title: Claims Management Policy Reference No: Owner: Author: Steve Mason, Legal Services and Governance Lead First Issued On: Latest Issue Date: Operational Date: Review Date: Consultation Date: Policy
More informationConditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
More informationLowcountry Injury Law
Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com
More informationA response by the Association of Personal Injury Lawyers
Scottish Government Making Justice Work Courts Reform (Scotland) Bill - consultation A response by the Association of Personal Injury Lawyers May 2013 1 The Association of Personal Injury Lawyers (APIL)
More informationDisease: solving disputes post 1 April 2013
Disease: solving disputes post 1 April 2013 This update examines the impact made by the Jackson reforms since their implementation on 1 April 2013 and looks forward to the extension of the RTA portal due
More informationMedical Negligence. A client s guide
Medical Negligence A client s guide What is medical negligence? This note is intended to give you a broad outline about medical negligence (sometimes called clinical negligence) cases. It is not a substitute
More informationGADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
More informationMOTOR VEHICLE COMPENSATION CLAIM SUCCESS
MOTOR VEHICLE COMPENSATION CLAIM SUCCESS 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM In this guide, we have outlined the 6 most common ways
More informationCHAPTER 1 Moving civil business from the Court of Session to the sheriff courts
INTRODUCTION CONSULTATION QUESTIONS As a firm, Digby Brown continue to practice almost exclusively in the area of pursuer personal injury (including clinical negligence), and we therefore propose to concentrate
More informationUpdate to your Vero Commercial Motor Vehicle Fleet policy
Update to your Vero Commercial Motor Vehicle Fleet policy As a result of a change brought by the Sentencing Amendment Act 2014, we would like to bring to your attention an update to our Commercial Motor
More informationRoad Traffic Accidents Do s and Don ts & the Legal Process
Legal Discussion on Tipp FM with Orlagh Wafer 22 nd January 2013 Road Traffic Accidents Do s and Don ts & the Legal Process Introduction As the temperatures are dropping and the roads are becoming more
More informationCrashed your car? Information on claims for damage to your car, in and out of court
Crashed your car? Information on claims for damage to your car, in and out of court 1 After a car accident This brochure will take you through the important steps you need to take if your car is damaged
More informationDEBT RECOVERY IN BELGIUM Law Firm Van Dievoet, Jegers, Van der Mosen & Partners
Error!Marcador no definido.introduction The implementation of Directive 2000/35/EC of the European Parliament and of the Council of June 29, 2000 into Belgian law The European directive had to be implemented
More informationPersonal Injury Compensation Guide. Winston Solicitors LLP
Personal Injury Compensation Guide Winston Solicitors LLP Compensation guide Here we provide a simple, plain speaking guide to no win no fee compensation claims for personal injuries in the UK. If you
More informationClinical Negligence. Investigating Your Claim
www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The
More informationAmendments History No Date Amendment 1 July 2015 Policy re approved with Job titles and roles updated 2 3 4 5 6 7
Document Details Title Claims Management Policy Trust Ref No 1534-27272 Local Ref (optional) N/A Main points the document covers This policy and procedure details the arrangements for the notification
More informationThis response is prepared on behalf of the Motor Accident Solicitors Society (MASS).
Introduction This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). MASS is a Society of solicitors acting for the victims of motor accidents, including those involving Personal
More informationYes No No Preference. To help provide context, we can share our experiences in other jurisdictions which have moved to more advanced models.
ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil
More informationDispute Resolution Bringing A Small Claim
Dispute Resolution Bringing A Small Claim Kirwans is one of the North West s most forward thinking law firms. As an allservicing firm, our success has been built upon delivering expert knowledge and expertise
More informationConditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
More informationProposals. for Procedural Rules for Personal Injury Actions. in the Sheriff Court
SHERIFF COURT RULES COUNCIL CONSULTATION Proposals for Procedural Rules for Personal Injury Actions in the Sheriff Court Consultation Arrangements The Ordinary Cause Committee ("Committee") of the Sheriff
More informationA brief guide to professional negligence claims
A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims
More informationPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents PROTOCOLS I INTRODUCTION Definitions 1.1 In this Protocol (1) claim means a claim, prior to the start of proceedings,
More information