2007

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• Ogling at Ogden

  1 May, 2008

  The Sixth Edition of the Ogden Tables was published on 3rd May 2007. It is to be assumed that the Tables are for immediate use. Published by the Government Actuary's Department they represent the product of Robin de Wilde QC and his Working Party of Actuaries, Lawyers, Accountants and other interested parties with input from all sides of the Debate…

• Summary of Consultation Paper

  1 November, 2007

  As part of the review into Civil Justice in Scotland ordered by the Scottish Government Lord Gill has issued a consultation document with the expectation that a report will be finalised for publication by February 2009 - i.e. at the end of the two year period allowed by the Justice Ministers' initial brief. Responses to the consultation paper are due to be submitted by 31st March 2008. The consultation document extends to 135 pages, is divided into five main parts but does not contain any recommendations even provisional. The introduction identifies that "the aim is to improve the system for the benefit of those for whom it is intended to serve rather than those who work within it"…

• QC is First in Scotland to Join Law Firm

  1 November, 2007

  Simpson & Marwick are today delighted to announce the appointment of Michael Jones QC to set up and head a new Dispute Resolution Department…

• Pleural Plaques

  1 October, 2007

  Five law lords including two eminent Scottish Judges, Lord Hope and Lord Rodger have unanimously decided that pleural plaques do not amount to actionable damage, ending over twenty years of compensation payments in these cases. Simpson & Marwick were heavily involved in advising insurers on the Scots law issues that arose and in particular on the likely approach of the Scottish law lords. We are pleased that all five law lords based much of their decision on these principles…

• Appeal court upholds time bar for historic child abuse

  1 June, 2007

  The Scottish appeal court has today upheld an earlier decision to dismiss three historic child abuse cases brought against the Poor Sisters of Nazareth. The Judgement was handed down by the Lord President, Scotland's most senior judge, fully endorsing the earlier decision of Lord Johnston, that the claims were time barred and the later decision of Lord Drummond Young, who refused to exercise the court's discretion to allow them to continue out of time…

• Margaret Hughes v Grampian Country Food Group Ltd

  1 May, 2007

  We represented the defenders in this case in which the Appeal Court in the Court of Session handed down its judgement on 18 May 2007. Albeit the case concerned the rather unusual and unenviable task of trussing the wings and legs of chickens with elastic bands, the judgement is significant in determining the scope of the term "manual handling operations" (MHO) within the Manual Handling Operations Regulations 1992. The Regulations define an MHO as "any transporting or supporting of a load (including lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or bodily force"
  …

• J.M. v Fife Council

  1 January, 2007

  Lord Menzies issued his opinion in the case JM v Fife Council on 18th January 2007. This is the first Scottish decision dealing with the issue of damages in historic child abuse cases. It also dealt with the issue of interest, and specifically whether or not interest should follow the usual rule in Scotland and be awarded from the date of the abuse/injury, or whether the Court should use it's discretion, and award interest from a later date…