BTO solicitors' Insurance Group is one of the largest in Scotland. A "highly regarded Scottish firm (with) a broad insurance practice...", we have been awarded band 1 rankings in The Legal 500 in health and safety, medical negligence and professional negligence (defender) for many years and our personal injury lawyers are described as a "first-class team" who are "highly commercial aware." We represent many major insurers and are considered to be an "adaptable and innovative" player in the insurance market having developed numerous niche teams to meet the sector's needs, including multi-jurisdictional issues. BTO is known for resolving cases at the earliest opportunity thus minimising cost, risk and exposure.
The case of Craig Anderson v John & Antoinette Imrie arose out of an accident on a farm in 2003, in which an eight year old boy sustained a head injury. The Inner House of the Court of Session has issued an opinion which provides some helpful guidance on Pursuers’ Offers.
Subsequent to its introduction to Parliament in June 2018, the Scottish Parliament’s Economy, Jobs and Fair Work Committee called for written submissions to be made on the terms of the Bill. This article highlights the latest developments relevant to the discount rate and periodical payment orders.
Following the announcement of the MoJ to reduce the personal injury discount rate to -0.75%, the MoJ and the Scottish Government sought views on how the discount rate should be set in future. This article provides a summary of the ABI’s response to the personal injury discount rate consultation.
The Ministry of Justice has advised that any external talks that would follow the ongoing Discount Rate Consultation will now be put on hold, pending the UK general election. This short article provides a brief summary of the latest developments.
The Scottish Civil Justice Council has recently issued an update which, amongst other things, deals with the topic of Pursuers’ offers. This one page article outlines why the issue is likely to be of particular interest to practitioners and insurers alike.
Within the evolving legal landscape of personal injury, lies a piece of legislation to which Pursuers’ firms are becoming more alive when considering the merits of an injured party’s claim. This article sheds light on The Administration of Justice (Scotland) Act 1972.
The UK Supreme Court unanimously held that where a party has settled a claim despite suspecting fraud, the settlement agreement can subsequently be set aside should that party later discover evidence confirming fraud. Could we expect to see the same result if a similar case was raised in Scotland?
We are seeing potential claimants, using subject access requests increasingly to try to obtain information about a claim prior to proceedings being raised, without using the formal court procedures. This article looks at the implications for potential defendants.
Forum shopping: Louisa Docherty & Ors v The Secretary of State for Business Innovation & Skills  CSOH 149
This article provides information on the Scottish Court of Session’s judgement on a case concerning forum shopping by claimants and highlights the issues insurers ought to be aware of in disease claims, particularly in cross-border cases.