Lawford Kidd's Blog

The Scottish Civil Justice Council (SCJC) has published a report on the responses it received to a consultation on the use of pre-action protocols in personal injury cases.

Pre-action protocols involve procedures, which take place involving both parties to the personal injury claim before court proceedings are raised, which will establish whether the settlement can be achieved without the need for litigation.

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.

The Court of Appeal in England this week amended a ruling that would have led to an increase in general damages in most civil cases from 1st April 2013.

The general background to the case is the balanced package of measures recommended in the final report of the Review of Civil Litigation Costs produced by Lord Justice Jackson in January 2010, and due to be implemented in large part in April 2013.

Many of the Review’s recommendations have been enacted by Parliament in the Legal Aid Sentencing and Punishment of Offenders Act 2012.

The Department for Transport has published statistics showing that in 2011 more people died or were injured in reported accidents on British roads than in the previous year.

In particular:

• The annual number of people killed in road accidents reported to the police has increased by 3%, from 1,850 in 2010 to 1,901 in 2011. This is the first increase since 2003.

The Scottish Government has welcomed publication of an inquiry by HM Chief Inspector of Fire and Rescue Authorities into the unsuccessful attempt to rescue Alison Hume from a disused mineshaft in 2008.

The Inquiry, by Steven Torrie, was ordered by Scottish Ministers under Section 44 of the Fire (Scotland) Act 2005, and followed a Fatal Accident Inquiry into Mrs Hume’s death.

Ministers ordered the Inquiry to ensure lessons are learned from the tragic death of Mrs Hume and that issues raised in the Fatal Accident Inquiry are addressed.