In Scotland and elsewhere in the UK, some legal services can only be provided by regulated legal professionals, such as solicitors and advocates. However, legal advice in other areas, including will writing, may be delivered by people who are not regulated. The risks of lack of regulation In a House of Commons debate on the issue in 2008, Lorely Burt (then MP for Solihull) commented that: “ …someone could be a convicted fraudster, set up as a will writer tomorrow with no qualifications, experience or professional indemnity insurance and proceed to dispense advice on tax, inheritance laws and so on. Most consumers are unable to judge the quality or value of the service that they are getting, so it is no exaggeration to say that will writing has become a happy hunting ground for the incompetent, the dishonest and the fly-by-night operator.” She also went on to acknowledge that there were many ethical operators and, indeed, professional bodies for will writers. Nevertheless, as she Continue Reading
How Long Until My Claim Finishes (Once Liability Is Admitted)?
[NOTE: This article is now also a podcast episode, which you can access here, if you would prefer to listen to the content rather than read it] "If the insurance company admit liability and arrange for an independent medical report, how long do they get to make a settlement offer?" This is a question we received via a Free Enquiry to our website. Another way to put the question would be: once the third party insurers have accepted responsibility to pay compensation to me, how long until my claim finishes? Assumptions made: no solicitor but "proper" medical examination In order to answer the question, we have to assume some things: That you do not have a solicitor and that you are dealing directly with an insurance company. (You say that they have admitted liability and so they should be willing to make an offer of compensation to you.) That the insurers have instructed an independent medical expert, who has examined you and the relevant medical records. (The Continue Reading
"I broke a bone in my foot as a result of a fall on a footpath in the centre of Elgin. I tripped at a point where the path had not been properly finished and there was a lump of concrete sticking up. Peter Brash was excellent in guiding me through the process. Nothing ever seemed to be a bother. He kept me constantly updated via phone calls and face to face meetings. The Council accepted responsibility for the defect in the footpath and my claim for compensation was successful, without the need for a court action. I feel I received an efficient and very professional service. I especially liked the fact that I was able to deal with a local solicitor. Keep up the good work." AS, Hopeman Continue Reading
All-Scotland Sheriff Personal Injury Court
From 22 September 2015, Scotland has a new personal injury court available for compensation claims by victims of accidents. Scotland is divided into 6 Sheriffdoms: Tayside, Central and Fife; South Strathclyde, Dumfries and Galloway; North Strathclyde; Lothian and Borders; Grampian, Highland and Islands; and Glasgow and Strathkelvin Within each Sheriffdom, there are several Sheriff Courts. Scotland has 49 such courts, each covering a defined geographical area. A remarkable Sheriff Court The unusual feature of the Sheriff Personal Injury Court is that it sits only in Edinburgh but has jurisdiction extending across the whole of Scotland. So, for example, if you are injured in an accident in Moray, before these changes, your Sheriff Court for a damages action would only have been Elgin Sheriff Court. Now, you can choose between the local Sheriff court and the national all-Scotland Sheriff Personal Injury Court. The increased importance of Sheriff Courts Continue Reading
Financial pressure to return to work too soon after an accident?
If you are off work as the result of an accident, you can easily find yourself under increasing pressure to go back to your job before you are fully fit to do so. Many people are forced into making a claim for personal injury compensation due to financial stresses. Often, this is because their employment does not provide sick pay at full pay or even half pay rates. If you are more or less immediately on Statutory Sick Pay through absence from work after an accident, you will inevitably have worries how you will manage to pay your bills and provide for your family. This wage loss seems especially unfair, if you were injured at work. If you live in Moray or have suffered a personal injury accident in Moray, we can help with advice on a possible personal injury claim. We can take any claim on directly, if that is in your best interests. We will refer you on elsewhere if we think that’s a better option for you. Our priority is to make sure everyone with a valid claim gets fair Continue Reading
Prove Negligence But Lose Your Claim – When Can That Happen?
When Andrew Kay was 2 years old, he contracted meningitis. It is a dangerous medical condition, causing inflammation of membranes in the central nervous system, and affecting the brain. On 28 November 1975, Andrew was admitted to Seafield Children’s Hospital in Ayr, seriously ill. As part of his treatment, he received an injection of penicillin. The problem was that, by mistake, he was given a massive overdose of penicillin – receiving about 30 (thirty) times the correct dose. In such a quantity, the penicillin was toxic and it caused Andrew to suffer convulsions. He later developed paralysis down one side of his body, though it was short-lived. Andrew recovered from his life-threatening illness, but he was left profoundly deaf. He also had significant learning difficulties. A claim for compensation From 1978, Andrew’s Dad, partly conducting the case himself, made a compensation claim on behalf of his son, raising an action in the Court of Session. Before the judge (in Continue Reading
Should you settle a personal injury claim without getting legal advice?
We would advise anyone who has been injured in an accident to get specialist legal advice as soon as possible. Economics alone suggest that you cannot rely on an insurance company to give you a fair deal, if you choose to handle your claim yourself. (Their primary duty is to their shareholders, not to you). Unfortunately, there are all sorts of other potential conflicts of interest for third party insurers as well. Only an independent, specialist solicitor will be truly on your side and hold your best interests as paramount. If you live in Moray or have suffered a personal injury accident in Moray, we can help with advice on a possible personal injury claim. We’ll help you directly if that's what is in your best interests. We will refer you on elsewhere if we think that’s a better option for you. Our main aim is to make sure everyone with a valid claim gets access to the justice they deserve through the solicitor who is best-placed to help them – in terms of experience, Continue Reading
3 Non-Financial Benefits of a Personal Injury Claim
What are the non-financial benefits of a personal injury claim? Personal injury claims are about compensation for loss. The law measures that loss in money terms, even though some losses cannot easily be valued financially. It’s straightforward to work out the wages you’ve lost from being off work as a result of your accident. Well, it is compared to valuing your injuries. And how can you put a fair value on a broken arm, let alone the death of a relative, anyway? In making a personal injury claim, money may not be the most important factor for you. For some people, it’s of no importance at all. The law looks at personal injury claims in terms of money but there are non-financial benefits associated with personal injury claims and it is worth considering them. They might be what persuade you to proceed with a claim where, otherwise, you might decide not to bother. Better understanding of your injuries, present state of recovery and prognosis In cases of serious injury, Continue Reading
Personal Injury Claim First Enquiries – How Much Scope For Free Advice?
We end most articles on this blog with a call to action along the lines of “get in touch if you have any questions – all initial enquiries are free”. We’ve received a request for clarification of this. The question came via email - “When is a contract deemed to have started after first enquiry?” I take that to mean: at what point do you get beyond the point of initial enquiry, where everything is "without obligation", and get bound into taking things further with that particular solicitor? With personal injury claim first enquiries, how much scope for free advice do you have? We handle most personal injury claims in one of two ways here and I will try to explain what happens in each case (there's a general summary, below, if you want to skip to that). Legal aid cases If you qualify for some form of legal aid, we will encourage you to sign up for legal advice and assistance, which is the initial form of legal aid, covering meetings, correspondence and Continue Reading
Can a Moray Solicitor help with a Personal Injury Claim?
For a variety of reasons, a local solicitor - provided they have the necessary experience and specialism - is the best person to handle your personal injury claim. If you have suffered a personal injury accident in Moray or if you live in Moray, we can help you. If you have any questions about any element of our personal injury claims services at Moray Claims / Grigor & Young, feel free to contact us. You can send us a Free Online Enquiry via this website (it's an online method of sending us an email). Alternatively, you can phone us. Our accredited specialist personal injury solicitors – Peter and Marie – are on (Elgin) 01343 544077. We’ll help you directly if that's what seems to us to be in your best interests. But we might refer you on elsewhere, if we think that’s an option that's more in your best interests. Our priority is to make sure all people with valid claims get access to the justice they deserve through a solicitor who is best-placed to help them – in Continue Reading
Winning and losing your personal injury claim
If you live in Moray or have suffered a personal injury accident in Moray, we can help. If you have any questions about any aspect of our personal injury claims services at Moray Claims / Grigor & Young, please get in touch with us. You can send a Free Online Enquiry via this website (basically, it's an online method of sending us an email). You can also phone us. Our accredited specialist personal injury solicitors – Peter and Marie – are on (Elgin) 01343 544077. We’ll help you directly if that appears to be in your best interests. We might refer you on elsewhere if we think that’s a better option for you. Our main aim is to make sure everyone with a valid claim gets access to the justice they deserve through the solicitor who is best-placed to help them – in terms of expertise, experience and location. We don't want you, as an injured person, to end up winning and losing your personal injury claim - we just want you to experience the success part. Continue Reading
Websites, Content Marketing and Self-Help
(EDITOR'S NOTE: This post and the downloadable resource list below have been updated as at 18 November 2021, though the post has not been 'republished' at that later date). The map highlights the areas of the UK which have the five highest rates of internet use. Figures from the Office for National Statistics (ONS) were published in May 2015. One of the areas is the North East of Scotland. It has the second highest rate of internet users in the UK. 90.4% of adults are internet users. ONS also published a map showing the five areas of the UK with lowest rates of internet use. Highland and Islands is there in second place, with 16.9% of adults as non-users. But that still leaves 83.1% as internet users. So, even in the lowest areas of internet use, still more than 4 out of every 5 adults are internet users. The lesson (as if you didn’t know it already) is that you need to have a website. This article considers 3 aspects of online marketing in the Continue Reading