New Year’s Day in Scotland is a time when families get together to eat, drink and celebrate. Margaret Ferguson went to such a gathering, at her brother-in-law’s house in Dundee, on 01 January 2011. She ended the evening with a serious injury to her face: a full thickness laceration of the left side of her upper lip, extending to and involving the corner of her mouth. Over several months, she went on to need several surgical procedures. The injury left her with permanent scarring. Dog bite The cause of her injury was a bite by her brother-in-law’s Scottish Terrier, Dougal. The dog was nearly 10 years old and suffering from arthritis. As to Dougal’s character, he was “by all accounts, a very friendly good-natured little chap.” So why did he bite Mrs Ferguson? There was a dispute about the circumstances. Mrs Ferguson’s version of events was that, while sitting on the sofa, she had turned round to speak to her husband. At that point, Dougal had suddenly jumped forward and Continue Reading
Jury Trials Articles
In some situations under Scots law, court actions for personal injury compensation can be decided by a jury sitting with a judge, rather than by a judge alone.
The articles below, from the Moray Claims Blog, deal with aspects of jury trials, including their benefits and potential drawbacks, depending on the circumstances.
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