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Scottish Costs Reforms: Round up of Recent Scottish Decisions - Peter Demick, Brodies LLP

 

18/12/15. The year 2015 has seen significant developments in the Scottish litigation landscape, particularly flowing from the significant court reforms covered closely in our previous updates. However, it isn’t just the court reforms that will determine the course of Scottish litigation in 2016. Accordingly, this update leaves the reforms to one side and considers a selection of the most interesting and important Scottish PI decisions from 2015 which are likely to lead to further discussion, contention and development over 2016; including: an upwards trend in loss of society awards; liability on the golf course; and duties on employers.

UPWARDS TRENDS IN LOSS OF SOCIETY AWARDS – JURIES AND JUDGES’ AWARDS

Claire Anderson and Others v Brig Brae Garage Limited 2015 (unreported) - Jury

Alexander Haining died aged 33 in an industrial accident at work in May 2012. The judge provided the jury with a spectrum of awards for the deceased’s partner between £100,000 and £140,000 and for his father and daughter between £50,000 and £80,000. The jury awarded at the top end of the spectrum, giving the...

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