Legal
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Legal
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.
Video: The implications of the Civil Liability Act
In this video, David Haynes, Underwriting & Marketing Director at ARAG UK, discusses the implications of the Civil Liability Act for motor accident victims, and how it will make motor legal expenses insurance more important than ever.
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.
Is your property fit for human habitation?
The Ministry of Housing, Communities and Local Government have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018. This blog outlines the implications for landlords.
Closing the gap: Why UK clients need to think about environmental coverage
It has been 15 years since the Environmental Liability Directive came into force, yet many companies remain unware of the potential liabilities they face. This article highlights the limitations of general liability policies and the advantages of taking out specialist environmental liability cover.
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.
Consumer attitudes towards artificial intelligence
This short report shines a light on what the public thinks about technology in the civil justice system, especially where insurance claims are concerned.
Directors & officers - A broadening risk landscape
The role of a company director or owner can be a stressful one as they contend with the ever-present threat of a claim being brought against them as a result of their actions. This content sheds light on the new and emerging risks that are adding pressure to business decision makers.
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.