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News & Insights

Insights and opinions on the latest law, legislation and policies.

Phantom Passengers and related claims pursuant to Section 57 CJCA 2015

Section 57 CJCA 2015 allows for claims to be dismissed where the claimant has been fundamentally dishonest in respect related claims.

Sandra MacMichael
Sandra Macmichael Associate

Historic sexual abuse in Scotland: psychological trauma could be an ‘exceptional circumstance’ for late compensation application

A First-tier Tribunal had failed to adequately assess whether the petitioner’s reasons for her delay in applying for compensation constituted…

Contribution claims between insurers in mesothelioma cases – limitation and basis of assessment of quantum

A claim for a contribution made by an insurer on risk for one period of culpable exposure against another insurer is a claim for “damages” rather than…

Jim Byard
Jim Byard Partner

Nothing to fear but fear itself

High Court confirms that fear alone is not a recognised personal injury and therefore it could not ground a claim in which the court had discretion to…

Peter Wake
Peter Wake Partner

Occupiers Liability claim fails even though court accepts a danger was present

A defender was not in breach of the Occupiers’ Liability (Scotland) Act 1960 even though it had failed to take action in relation to a known obstacle.…

Third non-lawyer Partner for Weightmans as 6 promoted

National law firm Weightmans has announced the promotion of its third non-lawyer to Partner as it welcomes six to fixed share partnership.

John Schorah
John Schorah Managing Partner

Illegality, dishonesty and ex turpi causa

A claimant who had agreed to set fire to the defendants' cars for £500 was unable to claim damages for malicious prosecution. The court had been…

Peter Wake
Peter Wake Partner

The Financial Guidance and Claims Act (2018)

After months of negotiations, we welcome the Financial Guidance and Claims Act (2018), following the Financial Guidance and Claims Bill.

Rob Williams
Rob Williams Partner

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