Success fees are the “hidden cost” of personal injury claims. They reduce the amount of compensation you receive from a personal injury claim after that compensation figure has been fixed and paid. Success fees are fees that are paid out of compensation (awarded or agreed) by successful personal injury claimants to their solicitors or claims management companies under a success fee agreement. In this article, we will look at how the Scottish Government wishes to regulate the maximum levels of success fee that can be charged – to provide a better financial outcome for injured people than they often get at present. First of all, in order to understand the context in which this is all happening, we need to look at wider changes that will soon affect Scottish personal injury claims. The Scottish Government intends to change the way personal injury claims are run in Scotland. This follows similar changes brought in in England and Wales. One big proposed change is to reduce Continue Reading
Law Reform Articles
As well as trying to explain what the law is currently in relation to personal injury matters, on the Moray Claims Blog, we also try to cover issues relating to possible future law reform.
The articles below are ones which deal with proposed changes to the law as it affects your potential claim for personal injury in Scotland.
We want the law to offer better protection to consumers, right? An independent review of the regulation of legal services in Scotland is under way. The Minister of Community Safety and Legal Affairs, Annabelle Ewing, announced the review on 25 April 2017. The idea is get recommendations to reform and update the framework which regulates who can provide legal services and, for example, what complaints procedures should be available. In announcing the independent review, the Minister emphasised the main objective as placing “consumer interests firmly at the heart of any system of regulation, including the competitive provision of legal services.” While there is competition across the board to win business providing legal services to consumers, personal injury is one of the most competitive areas. In 2016, for example, a study by the online magazine, Search Engine Watch, worked out the UK’s most expensive Google Adwords. (These are the adverts at the top of any search Continue Reading
The Scottish Government is consulting on imposing a “duty of candour” for healthcare providers. In its response to the consultation, the Association of Personal Injury Lawyers (APIL), a not-for-profit organisation which campaigns for the rights of injured people, has emphasised the need for medical and social care staff to be forthcoming and open about medical mistakes. Marie Morrison and Peter Brash of Grigor & Young / Moray Claims are members of APIL and accredited as Senior Litigators by APIL. Grigor & Young’s Elgin Office has corporate accreditation from APIL. An apology would often be enough The experience of most solicitors who deal with claims for medical negligence is that the majority of people who are injured as a result of a medical blunder simply want a clear explanation of what went wrong and what happened. The injured person wants to know that any lessons which could have been learned from the experience have been learned and will be put into practice for the Continue Reading