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40 Years of the Health and Safety at Work Act 1974

In the forty years since the 1974 Act came into force, health and safety legislation has often been misunderstood and misinterpreted by employers, employees and the public at large. Often decried by the press as the epitome of the ‘nanny state’, the 1974 Act is, in fact, one of the most effective and well drafted pieces of legislation on the statue books. Continue reading

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The Supreme Court Resets the Clock on Prescription

Originally posted on Enhance with Tods:

David T Morrison & Co Ltd t/a Gael Home Interiors (“Morrison”) v ICL Plastics Limited and others (“ICL”)

Summary

The Supreme Court has overturned the approach taken by the Scottish courts for a number of decades, finding that the five year deadline for bringing a claim for damages (prescription) runs from the date on which a pursuer knows that they have suffered damage.  Lack of awareness of the cause of damage or the identity of the defender is not relevant.  Where does this decision leave us?

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How much can grandchildren claim for the loss of a grandparent?

Originally posted on Enhance with Tods:

Marilyn Aldridge Ward or Stuart and Others v (First) Amanda Elizabeth Croucher or Reid and (Second) The National Insurance and Guarantee Corporation Ltd

This Court of Session case considered the claims of three young grandchildren for compensation after their grandfather was killed when the defender’s car collided with him. 

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