Motoring Newsletter

Welcome to the latest edition of Brodies’ Motoring Newsletter. At a time where the motor industry continues to recover, some recent legal developments may directly affect a number of areas across your business. We have reported on the issues that we thought would be of most interest to you – and awareness of these developments will hopefully be advantageous to the running of your business, and more importantly, help you cut costs along the way.

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Employment e-bulletin

Who will have the right to request flexible working?

All employees will have the statutory right to ask to work flexibly, provided they have worked continuously for their employer for 26 weeks at the date the application is made. Only one statutory request can be made in any 12 month period.

Making a flexible working application

Employees must make their request in writing, setting out:

Champions of Tennis 2014 Competition

Brodies is the headline sponsor of Champions of Tennis again this year - a tournament packed with legendary players that is set to be bigger and better than ever.

As title sponsor we’d like you to share in the fun. We are giving our clients and contacts a chance to win two tickets to the Friday afternoon session, every month in the lead up to the tournament in June.

For your chance to win, simply answer the question below and complete your full contact information.

Terms and Conditions

* All fields mandatory

Employee Benefits Update

Welcome to our Spring 2014 BRewarded Update designed to keep you informed, at a glance, of the major issues coming down the track in the areas of employee benefits, remuneration and share plans over the next six months. If you have a pressing question or wish to explore something of interest, please do get in touch.

Click here to read more.

Key Contact

Nigel Watson

The end of 'Special Cause' in Personal Injury claims?

A change in Scottish procedure may mean that it will be easier to vary personal injury court timetables.

The Scottish Civil Justice Council has revealed that the need to demonstrate “special cause” before the Court of Session will vary a personal injury timetable is to be abolished.

Special cause has generally been accepted to mean that if a variation of the timetable is sought, the party applying for the variation needs a good reason for doing so.

Insurer owned vehicle repairers able to operate and charge at market rate

In Coles & Others and Heatherton & Others, [2013] EWCA Civ 1704 the Court of Appeal heard the latest round of the Accident Repairs invoicing dispute. Accident Repairs again successfully argued that it is lawful for it to act as a vehicle repairer owned by an insurance company.

Background

Scottish court unable to consider the reasonableness of gritting polices in an action for damages

Last summer Lord Tyre, in the case of Ryder v Highland Council, dismissed an action brought by a 17-year old who sought damages from a Local Council following his mother’s death in a car accident.

European Court of Justice rules that injury compensation schemes do not contradict EU law

Petillo and Petillo v Unipol Assicurazioni SpA (Case C-371/12)

In this case, Carlo Petillo suffered minor injuries when he was involved in a rear end shunt accident in Italy. In accordance with the general rule that personal injury claims proceed where the accident occurred, he raised proceedings in Italy against the insurer of the vehicle that struck him.

A Budget for Resilient Nation(s)?

In the run-up to the Budget, and during his speech itself, George Osborne made much of the “resilient” UK economy and gave indications that the Budget this year would be directed at supporting this and the aspirations of those working within it. As compared to past years, he had some decent economic news on such matters as growth, unemployment and even the fiscal deficit to play with, of which of course he made the most.

Scottish Parliament Legalises Same Sex Marriage

Summary

The Scottish Parliament recently voted in favour of the Marriage and Civil Partnership (Scotland) Bill which legalises same sex marriage in Scotland. We should see the first same sex marriage take place as soon as autumn 2014. The Bill makes Scotland the 17th country to introduce same sex marriage.

Changes to the law