BTO Solicitors LLP
BTO solicitors' Insurance Group is one of the largest in Scotland. A "highly regarded Scottish firm (with) a broad insurance practice...", we have been awarded band 1 rankings in The Legal 500 in health and safety, medical negligence and professional negligence (defender) for many years and our personal injury lawyers are described as a "first-class team" who are "highly commercial aware." We represent many major insurers and are considered to be an "adaptable and innovative" player in the insurance market having developed numerous niche teams to meet the sector's needs, including multi-jurisdictional issues. BTO is known for resolving cases at the earliest opportunity thus minimising cost, risk and exposure.
All content by BTO Solicitors LLP
BTOverview: An Englishman’s home is his castle
The well-known maxim of an Englishman’s home being his castle will soon be put to the test by the Court of Appeal in the case of Swift v Carpenter, [2018] EWHC 2060 (QB). This article sheds light on the case which deals with accommodation claims in catastrophic personal injury cases.
BTOverview: Sanction for Counsel in ASPIC
Section 108 of the Courts Reform (Scotland) Act 2014 provides that where counsel is instructed in a Sheriff Court action, the court must sanction the employment of counsel if the court considers, in all the circumstances of the case, that it is reasonable to do so.
BTOverview: It's about time!
In Scotland there are certain time limits in which actions must be raised, with those limits set out in the Prescription and Limitation (Scotland) Act 1973. This article focuses on the application of the Act in the case of Midlothian Council v Bracewell Stirling Architects & Others 2019.
The duty of fair presentation: So what do you propose?
Since the introduction of the Insurance Act there has been a ‘sea change’ in non-consumer policies, with the proposer now having almost complete control over the information provided to insurers. This article studies the application of the Insurance Act in relation to the duty of fair presentation.
Inner House decide teacher's erasure cannot stand
March 2019 saw a successful appeal to the Court of Session by a teacher against her removal from the General Teaching Council for Scotland (GTCS) register in AD v The General Teaching Council for Scotland. Download this article to find out more.
Sanction for counsel in ASPIC
Section 108 of the Courts Reform (Scotland) Act 2014 provides that where counsel is instructed in a Sheriff Court action, the court must sanction the employment of counsel if the court considers, in all the circumstances of the case, that it is reasonable to do so. This article notes the key points.
New rules regarding taxation of expenses in civil proceedings
As part of the programme of ongoing reform following Sheriff Principal Taylor’s Review of Expenses and Funding of Civil Litigation in Scotland, new rules will soon come into force regarding taxation of expenses in civil proceedings.
Damages (Investment Returns and Periodical Payments) (Scotland) Bill
This week saw The Damages (Investment Returns and Periodical Payments) (Scotland) Bill being unanimously passed by the Scottish Parliament. This article briefly outlines the impact of the legislation on discount rate calculations and periodical payments for certain future losses.
BTO eUpdate: Pursuers’ Offers in the Inner House
The case of Craig Anderson v John & Antoinette Imrie arose out of an accident on a farm in 2003, in which an eight year old boy sustained a head injury. The Inner House of the Court of Session has issued an opinion which provides some helpful guidance on Pursuers’ Offers.
BTO eUpdate: The Damages (Investment Returns and Periodical Payments) (Scotland) Bill
Subsequent to its introduction to Parliament in June 2018, the Scottish Parliament’s Economy, Jobs and Fair Work Committee called for written submissions to be made on the terms of the Bill. This article highlights the latest developments relevant to the discount rate and periodical payment orders.