Lawford Kidd's personal injury claims lawyers' blog designed to cover all areas of the law relating to accident compensation claims, injury claims and no win no fee in Scotland.
“Access to justice is only possible if both parties have adequate funding. If neither party has adequate funding, the litigation will not happen. If only one party has adequate funding, the litigation will be a walk over” (Lord Jackson’s Review – page 41 – para2.4).
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Lawford Kidd is a Specialist Personal Injury Practice. The firm welcomes the Review of Expenses and Funding.
Lord Gill’s consultation paper raised serious concerns regarding the availability of funding for claimants, particularly in relation to personal injury actions. Lord Gill made it clear that the proposals by Lord Justice Jackson in England raised fundamental issues which should be addressed by the Working Group on Judicial Expenses.
In view of the problems identified by Lord Gill relating to funding and its impact on Access to Justice Lord Gill made it clear that an urgent review was needed of the current cost regime.
In his recommendations (vol. 1 page 270, para190) Lord Gill states “the outcome of Lord Justice Jackson’s review and whether, in the light of his recommendations, the rule that expenses follow success may require to be modified in this jurisdiction, are matters that should urgently be addressed by the Working Group on Judicial Expenses”.
The firm welcomes the introductory remarks of the Review of Expenses where it is stated that the Civil Justice System “should be accessible to all and sensitive to the needs of those who use it”.
This response focuses principally on the question of costs in relation to personal injury litigation. The submissions are based on the acknowledged problems with the funding of personal injury litigation in Scotland identified by Lord Gill and confirmed in the review paper. It is clear that in Scotland at present there are significant problems in providing Access to Justice for personal injury claimants.
1. Legal Aid funding is of minimal significance in personal injury litigation. The total number of grants of Civil Legal Aid in the Court of Session in 2011 amounted to 59, including clinical negligence. The annual case load of personal injury actions in that forum was around 3,000.
The Office of Rail Regulation (ORR) has announced that it has begun criminal proceedings against Network Rail for a breach of health and safety law which caused a train to derail near Grayrigg in 2007.
On 23rd February 2007, the 17.15 Virgin Trains service from London Euston to Glasgow Central derailed on the West Coast Mainline near Grayrigg in Cumbria. There were 109 people on board. One passenger, Mrs Margaret Masson, was killed and a further 86 people were injured, 28 seriously.
Ian Prosser, Director of Railway Safety at ORR, said:
“ORR has conducted a thorough investigation into whether criminal proceedings should be brought in relation to the train derailment near Grayrigg on 23rd February 2007, which caused the death of Mrs Masson and injured 86 people. Following the coroner’s inquest into the death of Mrs Masson, I have concluded that there is enough evidence, and that it is in the public interest, to bring criminal proceedings against Network Rail for a serious breach of health and safety law which led to the train derailment.
“The railway today is as safe as it has ever been but there can be no room for complacency. The entire rail industry must continue to strive for improvements to ensure that public safety is never put at risk.”
Network Rail is facing a charge under section 3(1) of the Health and Safety at Work etc Act 1974. This results from the company’s failure to provide and implement suitable and sufficient standards, procedures, guidance, training, tools and resources for the inspection and maintenance of fixed stretcher-bar points.
The Scottish Government has published terms of reference for an inquiry to be conducted by the Chief Inspector of Fire and Rescue Authorities. The independent inquiry will report to Ministers by 31st March 2012.
...Following today’s determination by Lord Brailsford at the Court of Session in Edinburgh, Mr Phee said: “I am delighted at the judgment and relieved that the court case is over.
...Lawford Kidd client Anthony Phee gave evidence in his court case starting on the 4th October in the Court of Session, Edinburgh.
...Associate Richard Singer expressed his satisfaction at the level of compensation following a long running court action.
...We are pleased to announce the promotion of two of our personal injury solicitors.
...As published in the Scots Law Times earlier this year, David Sandison discusses the likely impact of the Scottish Government’s response to the recommendations of the Scottish Civil Courts Review.
...Small fibres which are made to toughen bike frames and hockey sticks have been identified as a possible cause of asbestos like cancer. The carbon nanotubes which are used for strengthening tennis rackets and as a possible item for bullet proofing clothing have been found to cause harm in mice if the longer nanotubes become stuck in lung tissue.
...From a personal injury practitioner’s perspective there are serious questions whether two major proposals in the Gill Review would improve access to justice.
...Vibration White Finger injuries have been minimised in Scotland amongst workers using Vibrating Power Tools on M74 Glasgow Link. For advice on all aspects of vibration white finger & HAVs in Scotland contact us 0800 027 1480.
...The National Audit Office have published a report confirming that workplace accidents and ill health in Scotland resulted in 2.5 million working days last year. The cost was around £187,000,000.
...Lord Stewart, on 20th January 2011 upheld in the Court of Session an application by environmental campaigners Road Sense to restrict any award of costs against them when they proceeded with a case against the Scottish Ministers.
...Direct Line Insurance have been involved in a number of personal injury cases brought by injured whiplash victims who failed to receive proper compensation.
...The Scottish Executive's Report on Road Casualties in Scotland 2009
...A civil jury at the High Court in Edinburgh decided that the MOD should pay £90,000 to a Royal Marine’s mother and £60,000 to his sister. Joe Windall died when his Nimrod plane exploded on 2nd September 2006.
A number of claimants raised court actions and Joe Windall’s case went before a jury.
You may have read stories in the news about the awards by the jury and wondered what part jury trials play in Scots Law.
