Failure to respond to proceedings could lead to windfalls for Scottish litigants.

The case involved a rear-end shunt in which liability was admitted. Proceedings were raised in the Sheriff Court – the Scottish equivalent of the County Court - and served directly on the insurer. The insurer’s position was that faxed instructions to their Scottish agents failed to send. There was no follow-up procedure in place and the deadline to enter appearance for the defenders was missed.

Shared Parental Leave

Shared parental leave is expected to come into force on 1 December 2014 and will apply to parents whose expected week of childbirth is on or after 5 April 2015.  The majority of the regulations are still in draft so may be subject to change but the key elements are:

Third Party (Rights Against Insurers) Act 2010

A Bill is currently before the UK Parliament which suggests that the long awaited Third Party (Rights Against Insurers) Act 2010 could come into effect in the next year, although, whether the 2015 general election (and indeed the Scottish independence referendum) might impact upon the proposals remains to be seen.

Liquidated damages for replacing key personnel

One of a number of issues raised in the recent lengthy decision of Bluewater Energy Services BV v. Mercon Steel Structures BV and Others [2014] EWHC 2132 (TCC) was the Court’s consideration of contractual provisions, which obliged Mercon to pay liquidated damages for replacing key personnel without Bluewater’s prior approval.

Update on the recovery of healthcare costs for asbestos related conditions (Scotland)

The Scottish Parliament is currently scrutinising a bill to make NHS costs incurred as a result of asbestos related illness recoverable. They are carefully watching the deliberations of the UK Supreme Court concerning nearly identical legislation passed by the Welsh Assembly.

Fatal awards in Scotland increasing in value

Fatal awards in Scotland increasing in value

The recent decision in Joseph McCarn and Others v The Secretary of State for Business, Innovation and Skills [2014] CSOH provides a useful overview of recent damages awards in Scottish fatal claims and gives us a strong clue of what we are likely to see in the future.

Q2 Corporate Deals Update

Following on from our success in Q1, Brodies' corporate team have continued to be involved in a wide range of deals in Q2. Click here for our Q2 Corporate Deals Update.

Procedure update:

A snapshot of recent procedural developments:

Clock watching - update on time bars

David T Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and Others (Appellants) (Scotland) [2014] UKSC 48

Scottish court awards damages to unborn grandchild

Scottish Judge Lord Woolman has delivered a verdict today in the case of Stuart v Reid [2014] CSOH 117A, granting bereavement or ‘loss of society’ award to a grandchild born five months after a fatality.