We've talked about Qualified One-Way Costs Shifting (QOCS) before now because it is an important topic. In Scotland, the "normal rule" whereby an unsuccessful claimant for personal injury compensation will no longer have to pay court costs / expenses if the claim fails will have various exceptions. In these situations, the claimant will lose QOCS protection and have to pay the costs of their opponent. The claimant will only be liable for their opponent's expenses in Scotland where they have: made a fraudulent representation or "otherwise acted fraudulently" in connection with the claim or proceedings;behaved in a manner which is "manifestly unreasonable" in connection with the claim or proceedings; orconducted the proceedings in a manner considered by the court to be an abuse of process. We have waited three years for the QOCS regulations to come in. They were enacted from 30 June 2021. In many respects, the regulations mirror those already in force in England and Continue Reading
Help From The Other Driver’s Insurer (How To Avoid Being Misled)
An "innocent third party car claim" is how some motor insurers describe what you have if one of their customers has crashed into your vehicle and it’s not your fault. In other words, the motor insurers in question are the third-party insurers, not your own motor insurers. Their customer was to blame for the accident. The third-party insurers’ offer to you is that you should let them take care of you and your vehicle in sorting things out. This help from the other driver's insurer can include: the repair of your vehicle (or a payment to represent its value if it has been written off), use of a hire vehicle, free of charge, while your own vehicle is being repaired; and help if you have been injured – to include treatment/rehabilitation and compensation. But couldn't you deal through your own insurers? If you have comprehensive motor insurance, one of your options is to deal with a claim for damage to your car through your own motor insurers. This can be an involved process. You may Continue Reading
Deciding how best to respond to a Minute of Tender in practice
Tea drinking is a national pastime in Nepal. They have all sorts of teas - sweet, butter, hot, cold, black, white. The ritual with tea is that, when offered tea, you decline it and your host insists that you have some. No matter how much you say no, they still insist that you have it. So you drink it. In other words, it's a situation with drink consumption where "no" means "yes". With personal injury court actions, as the claimant, if your opponent offers you settlement via a Minute of Tender, you want to say "no" (because you always want them to make you a better offer). Unfortunately, you might find that however much you say "no", depending on the level of offer, your legal adviser may have to insist that you say "yes" and accept it. It's one of the situations that can happen with Minutes of Tender. You think your personal injury claim’s worth £20,000 but you’ve got a formal offer (Minute of Tender) in your court action to settle at £10,000. Should you accept the Continue Reading
Do you have any of these misconceptions about time limits in personal injury claims?
“The room is full of steam from the kettle but you still make the tea.” These were words of my school chemistry teacher. What was the point? That a small volume of water produces a large volume of steam. If you put water on to boil for a cup of tea but then get distracted by something else, you may return to find the room filled with steam but there will probably still be enough water left to make your brew. This idea that you can forget about something for a while, come back to it and the outcome will still be okay seems to be one that many folk with possible personal injury compensation claims have too. The problem is that personal injury claims are up against a hard deadline. In most cases, that deadline is 3 years from the date of the accident/injury. If you don’t settle your claim by negotiation within the 3-year period, you’ll have to raise a court action to keep the claim alive beyond the deadline - or lose the right to claim forever. It’s inevitable Continue Reading
What’s qualified one-way cost-shifting for personal injury claims in Scotland?
"Give me 10 men like Clouseau and I could destroy the world," These were the words of Chief Inspector Charles Dreyfus (Herbert Lom), long-suffering superior of the hilariously inept Inspector Jacques Clouseau (Peter Sellers) in the Pink Panther films of the 1960s and 70s. Another crucial supporting role to Clouseau was that of Cato Fong (Burt Kwouk – pronounced “Kwok”), the Inspector’s Chinese manservant, trained to spring regular surprise attacks on his boss to keep him alert and practised in martial arts. A prime example of Clouseau’s extreme destructive power is in one apartment scene where, with Cato’s assistance, he destroys not only a four-poster bed and a TV set but also inflicts structural damage on the flat below, occupied by the hysterically twitching Dreyfus. We could say that Burt Kwouk’s role was crucial in support of Peter Sellers’ performance. And, because we love a pun, we could also say that, in the context of personal injury claims, QOCS (which is Continue Reading
Getting what you need from the Moray Claims website?
UK Government guidelines advocate that their public-facing written content should meet the minimum reading age of nine years to ensure it is easily understood. Recent changes to the law on whiplash injury compensation in England and Wales (not affecting Scotland) have largely taken lawyers out of the equation for these "minor" injuries. The UK Government has provided a 64-page online guide for the injured people who will in future need to run their claims themselves, without help from a solicitor. These are what the Government has described as "simple" whiplash claims. But academic, Professor Roger Smith, has criticised the guide as "hopelessly complicated". According to what we might call the "9-year-old rule", authors of guidance material should consider, for example, adults with additional learning needs or imagine they are writing for an elderly relative. In Professor Smith's opinion, the whiplash guide “would be impenetrable to someone of that level of Continue Reading
Why Personal Injury Claims are a Buyer’s Market
Water seems a rather boring substance. Ice floats in water, as you'd expect. But is that typical behaviour for substances as between their liquid and solid forms? As you cool water down, it contracts until you get to 4°C. Then it suddenly expands again and its density reduces. So, by the time water freezes to ice, you have a material which is less dense than the liquid that it’s sitting on. There is no other known molecular material which will actually float on its melt. As a comparison, if you look at the olive oil sold in a supermarket, on a relatively cold day, at the bottom of the bottle there is an off-whitish deposit. That is olive oil ice. Olive oil is a 'normal' liquid which, when it freezes, contracts. The frozen stuff goes down to the bottom. Water brainwashes us from a young age to think that when you freeze a fluid it should become a solid which goes to the surface. But water is unique in that respect. With Personal Injury Compensation Continue Reading
Road Accidents: What To Do If A Court Action Is Raised Against You
We regularly get enquiries from people who have had a court action raised against them following involvement in a road traffic accident. If you are in that situation, what should you do? The typical scenario runs like this … You’ve had an accident with another vehicle when you were driving your car. The accident was your fault. The other vehicle was damaged or written off and the other driver was injured. Hopefully, you had comprehensive insurance and so your own vehicle will have been repaired or replaced by your insurers. They may also have told you they have settled the other party’s claim – by paying for the repair or replacement of their vehicle. Months later, out of the blue, you receive an Initial Writ or Summons (depending on whether the action against you is in the Sheriff Court or the Court of Session). This can be a startling experience, especially if the action is served on you by a Sheriff Officer or Messengers at Arms. The other driver – or maybe a passenger Continue Reading
Personal injury compensation and divorce
Personal injury claims come with stress attached. You have the strain of the pain and discomfort from the injury, the hassle of not being able to engage in everyday activities and possibly also the worry of loss of income through not being able to work. Coping with injury puts added pressure on your relationships. Particularly your closest relationships. This can lead to relationship breakdowns, whether that is splitting up with your boyfriend or girlfriend, or separating from your spouse or civil partner. Even the strongest relationships can be undermined. Personal injuries can be physical or mental, or both. As an injured person, you may develop depressive symptoms or changes in personality. In this article, we are going to look at what Scots law says about personal injury compensation in the context of relationship breakdown. We will focus particularly on financial provision on divorce or termination of civil partnership. We'll look at the situation Continue Reading
Difficult questions to ask your personal injury solicitor to ensure they are a perfect fit for your case
The Earth has not always experienced total solar eclipses as they are now. A solar eclipse happens when the Moon’s orbit takes it on a path directly between the Earth and the Sun. If the whole of the Sun’s disc is blocked out by the Moon, that is a total solar eclipse. The fact that the Moon can perfectly blot out the Sun – no more, no less – is an amazing coincidence. The diameter of the Moon is about 400 times less than the diameter of the Sun. The Moon is also approximately 400 times nearer to the Earth than the Sun. So, from the perspective of someone on Earth, it is possible for the Sun and the Moon to line up and for the Moon to perfectly blot out the Sun. The Moon is gradually moving away from us on Earth at about the same rate that finger nails grow. In the distant future, the Moon will be noticeably further away than it is now and so will appear smaller in the sky. It will no longer be a ‘perfect fit’ for the Sun. If you need to make a personal injury Continue Reading
6 reasons why you should not let the stress of making a personal injury claim put you off
We get stressed about money, reputation, safety, relationships, life changes… Life changes are a journey. And they’re journeys that usually involve stress. By the end, you're a different person. Both elements – change and stress – play their part in the transformation process. Personal injury claims are stressful. In this article, we’ll look at the nature and causes of the various stresses. Then, having considered these ‘problems’, we’ll list out the ‘solutions’ - the reasons why, nevertheless, you should go ahead with a personal injury compensation claim. Getting injured creates its own acute stress at the time. Often, there’s immediate severe pain. Beyond that, you have a loss of independence – with increased dependence on others. And also fears for the future: will you recover to full fitness? Most people seek legal representation for a personal injury compensation claim after the acute phase of the injury is over. Perhaps after you get out of hospital or after you Continue Reading
The most-consumed 2020 articles on the Moray Claims blog
Solicitors have generally managed to keep going through the pandemic and lockdowns in 2020. There have been good reasons to consider consulting a solicitor even though physical face-to-face meetings have been difficult, if not impossible. We’ve produced quite a few articles in 2020 and this one counts down the Top 10 most popular blog posts of the year from Moray Claims. 10. When being even 10 per cent to blame for your accident is too much to accept Contributory negligence can apply where your claim is going to be successful but there’s an argument that the accident was partly your fault too. This would have the result of reducing the compensation payable to you by a percentage. Ten per cent (the minimum level which most courts impose, in practice) may not seem too much of a reduction but this article highlights how your solicitor will often refuse to accept even 10 per cent as reasonable – and argue for nil per cent, i.e. that your claim should succeed in full, 100 per Continue Reading