Compulsory Volunteers: Will the Scottish Pre-Action Protocol Become Mandatory? - Ciaran Dougherty, Brodies LLP
18/11/15. Previous updates from North of the Border demonstrate that Scotland’s PI claim landscape is undergoing significant change. Court reforms and a review of the costs regime have scrutinised various parts of the claims process. That includes the pre-litigation stage where unlike England and Wales, no compulsory framework has ever applied to negotiating claims. That may change soon writes Ciaran Dougherty, a senior solicitor with Brodies LLP’s PI recovery team.
The Scottish Pre-Action Protocol for Personal Injury Claims is a voluntary agreement. It dates from 2005 and was signed between the Forum of Scottish Claims Managers (FSCM), (a lobbying organisation representing a number of insurers, financial institutions and two of Scotland’s local authorities) and the Law Society of Scotland.
The protocol provides time limits for investigation, settlement and a scale of settlement fees. It was hoped by many in the industry that it would assist third parties and claimants have meaningful pre-litigation negotiations, particularly on claims below £10,000...
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