2006

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• NHS Costs Recovery

  1 December, 2006

  As many readers of this will know the Road Traffic (NHS Charges) Act 1999 means that compensators who agree to pay compensation for injuries suffered by another person in a road traffic accident are obliged to meet the cost of any necessary NHS hospital treatment received by the injured person up to a fixed ceiling per claim. This scheme is currently administered by the Compensation Recovery Unit who also administer the scheme for recovery of state benefits…

• M.P. v Sister Zoe O'Neill

  1 September, 2006

  Lord Glennie issued his opinion in the case of MP v Sister Zoe O'Neill and Others on 16 June 2006. This dealt with the issue of historic child abuse, and whether this claim was time-barred. The pursuer argued that it was not, and even if it was, asked the court to exercise its discretion to override the time limits. This latter argument was considered by Lord Drummond Young in his opinion in the case of AB and Others v Sister Bernard Mary Murray and Others (unreported, 2 June 2005), when it was held it would be prejudicial to the Defenders for the court to exercise its discretion to override the time limits given the time which had passed since the alleged abuse, and Lord Glennie also found this to be the case here. Lord Glennie's opinion is however the first opinion regarding the question of whether an action in a historic child abuse case is actually time-barred, although the matter had previously been canvassed in England, in particular by the Court of Appeal in KR v Bryn Alyn Community (Holdings) Ltd (in Liquidation) [2003] QB 1441…

• Majrowski v Guy's and St Thomas' NHS Trust

  1 July, 2006

  The House of Lords handed down its Judgement on 12th July 2006 in the case of Majrowski -v- Guy's and St Thomas' NHS Trust. The Appeal considered the important issue as to whether or not the Protection from Harassment Act 1997 ("the 1997 Act") allowed an employer to be held vicariously liable for harassment committed by an employee in the course of his employment…

• Barker v Corus

  1 May, 2006

  The House of Lords handed out its judgment on 3rd May 2006 in the case of Barker -v- Corus (formerly Barker -v-Saint Gobain Pipelines plc) and two related Appeals. These three Appeals raised two important questions which were left undecided following Fairchild…

• Even better to die in Scotland

  1 May, 2006

  Readers of the Post Magazine will be aware of an article appearing a few weeks ago in which one of the writer's partners drew attention to the marked distinction between damages payable in Scotland and in England in fatal claims with higher awards being made north of the border…

• The Penny Drops

  1 April, 2006

  The sound resonating from the Scottish Parliament yesterday was not, as might have been expected, from a falling beam in the main chamber, but rather the sound of a long awaited penny hitting the floor as the Scottish Executive and in particular the Justice Minister, Cathy Jamieson recognised what Simpson and Marwick (and to be fair, others) have been saying for years…

• Scottish Ogden Tables

  1 March, 2006

  The purpose of a compensation claim is to put the claimant in the same position as he would have been if he had not sustained the accident. Those representing compensators must ensure that the tools available allow us to achieve this end, are valid…