Lawford Kidd's Blog

The controversial Courts Reform (Scotland) Bill introduced by Kenny MacAskill, Cabinet Secretary for Justice, on 6 February 2014 continues to receive criticism – and not just from Scotland’s personal injury lawyers.

The Bill, which enacts the recommendations of Lord Gill's review of the civil court system in Scotland, proposes the creation of a Specialist Personal Injury Court as well as an increase in the limit of private jurisdiction in the Court of Session from £5000 to £150,000.

Such proposals have caused great concern, not least to Scotland’s personal injury lawyers, many of whom appose the changes. It seems now that members of the public are also concerned.

The Scottish Trades Union Congress (STUC) has renewed its call for a review of the Fatal Accident Inquiry (FAI) system in Scotland, following the publication of the FAI findings into the deaths of 16 men in the Miller Helicopter tragedy in the North Sea on 1st April 2009,

In making the call, Grahame Smith, STUC General Secretary, commented that it was vitally important that lessons are learned as soon as possible after fatal events such as the helicopter crash, and that are recommendations are put in place to avoid further loss of life.

“The efforts of Sheriff Derek Pyle to bring forward the recommendations timeously to avoid further unnecessary suffering for the loved ones of those who lost their lives are very welcome,” he said. “However, we have to remember it has taken three weeks short of five years to get to this stage, an unacceptably long time for those who have lost most.”

Important new guidance aimed at reducing the risk of fire in Scotland’s care homes has been launched that is designed to assist care home owners and staff to fulfil their fire safety duties.

It follows the tragic fire at Rosepark Care Home in Uddingston which claimed the lives of 14 residents and demonstrated the importance of fire safety in such homes.

The Scottish Government put revised guidance in place following that fire, which was praised by the Sheriff Principal in the findings of a fatal accident inquiry into the tragedy in 2011.

Lawford Kidd's senior partner, David Sandison, has written to the Justice Committee of the Scottish Parliament expressing his concern that the Bill is unfair to those making a personal injury claim and denies them access to expert personal injury advice. The new Bill proposes that permission to instruct an Advocate will only be automatically granted when the value of the case exceeds £150,000. This is, as David says, "clearly unacceptable.". The full text of his letter is below.

Court Reform (Scotland) Bill 2014
I am writing as senior partner of Lawford Kidd, and accredited personal injury specialist recognised both by the Law Society of Scotland and the Association of Personal Injury Lawyers. I was also involved with the Civil Justice Committee of the Law Society in connection with their submission on the Bill.

I wanted to draw the Justice Committee’s attention to one specific aspect of the Bill and that relates to the sanction of counsel (either advocate or solicitor advocate), in the Sheriff Court under the new court structure.

One of Lawford Kidd's PI solicitors was interviewed from the Law Society’s Civil Justice Committee discussed the Courts Reform (Scotland) Bill on BBC Newsdrive on Friday 7th February BBC Newsdrive (broadcast starts at 01:36:00)