[EDITOR'S NOTE: Please note that the article which follows is still relevant in terms of the way the value of claims under the Tenancy Deposit regime are calculated. However, how such claims are to be made in Scotland has changed from 01 December 2017, with the removal of most private domestic tenancy issues (i.e. tenancies without a local authority or social landlord) from the jurisdiction of the Sheriff Court. Instead, these are now under the supervision of the First-tier Tribunal for Scotland (Housing and Property Chamber). This change means that it is not going to be financially viable in most cases to employ the services of a solicitor to make such claims. You can find further information on the mygov.scot website). If you own a house or flat in Scotland which you have let to tenants then you need to be aware of recent regulations which could put you at risk of financial penalties if you have not dealt properly with any deposit you have received from the tenants. The Continue Reading
Whiplash Injury: UK Insurers Told By MPs To Sort Out Their Practices
MPs consider the effect of whiplash claims on motor insurance premiums The UK Parliament’s Cross-Party Transport Select Committee published its report “Cost of Motor Insurance: Whiplash” on 31 July 2013. The Westminster Government’s perception is that there is an increasing number of whiplash personal injury claims following road traffic accidents – some of which are invented by the supposed victims and, even where genuinely-based, the extent of the injury is often exaggerated. In the Government’s eyes, this is pushing up the cost of motor insurance. The Government has described the UK as “the whiplash capital of the world”. The Select Committee considered these issues as part of its remit. What is Whiplash and Why is it Problematic? The definition for whiplash used by the Committee was: “The neck pain which occurs after the soft tissue in the spine has been stretched and strained when the body is thrown in a sudden, forceful jerk.” This is a typical result of the Continue Reading
Work Slipping Accidents in Ice and Snow: Why Employers Must Carefully Assess Options to Reduce Risks
A recent Scottish court decision has potentially wide implications for you if you are an employer who requires your employees to work remotely in wintry conditions. It illustrates why it is important that employers keep up to date with advances in equipment technology which might make work safer, especially if the equipment is available relatively cheaply. Kennedy -v- Cordia (Services) - The Facts of the Case The injured person, Tracey Kennedy, was employed by Cordia Services as a home carer. One night in December 2010, together with a colleague, she had to visit a terminally-ill, housebound person in Crookston, Glasgow. At the time, Scotland was experiencing an extended period of wintry weather. There was snow and ice on the ground. As she walked down a path towards the house, she slipped and fell, breaking her wrist. She was wearing suede boots with a ridged sole. The boots were her own, not provided by her employer. The Legal Basis of the Claim The claim was based on Continue Reading
Bicycle and Motorcycle Accidents Reduction – Thanks to the Weather
Statistics published by the Department for Transport on 01 August 2013 reveal that the number of motorcycle and bicycle accidents on Great Britain’s roads has dropped since last year – something that can probably be attributed to the weather. The Quarterly Provisional Estimates record how many road accidents occur in the four quarters of each year. Experts can then analyse year-on-year trends, helping us to understand what effect the weather has on the safety of our roads. The most recent data makes for interesting reading because it shows the amount of motorcycle and bicycle accidents in the first quarter of 2013 (January to March) has decreased significantly from the same period in 2012. The number of pedal cycle casualties fell by 23% compared to the same period in 2012 while the number of motorcyclist casualties dropped by 27%. So what was the reason for the reduction in the number of accidents? The overall UK average temperature during the first three months of 2013 Continue Reading