quantum claims • Quantum Claims

EMPLOYMENT LAW   Flexible Working The Government has scrapped plans to extend the right to request flexible working to parents of 17 year olds, as was originally planned for April 2011.  This is one of a range of measures designed to reduce the amount of red tape faced by employers.  The right to request flexible working continues to apply to employees who care ... Read more

A jury trial at the Court of Session in Edinburgh has resulted in the highest ever loss of society awards in Scotland to a mother and sister of a deceased soldier. The deceased solider was travelling in a Nimrod plane which crashed in Afghanistan in 2006, claiming the lives of all on board. Prior to the Court of Session hearing previous investigations ... Read more

Third-Party Capture, also known as "Third-Party Assistance" is the practice carried out by insurers of settling injury claims directly from the pursuers who have had a collision with their policy holder, without their pursuer/victim receiving independent advise. This is an extremely contentious issue between pursuers representatives and insurance company's, with both putting forward arguments, in the pursuers case that this practice ... Read more

The insurance industry has been unsucessful in its latest moves to overturn the damages (Asbestos-related conditions) (Scotland) Bill, passed on 11 March 2009, following a January 2010 Judgement from Lord Emslie. This overturned a House of Lords Ruling that found as plaques are asymptomatic and, therefore, cannot be compensated for. Axa, Aviva, RSA and Zurich had subsequently attempted to get this ... Read more

On 25th November 2009 the Financial Claims Standards Council {FCSC} expressed dismay at the Supreme Court’s ruling on bank charges which was in favour of the Banks.The ruling reversed previous Appeal Court and High Court decisions in England. The Supreme Court ruled that the Office of Fair Trading {OFT} had no jurisdiction in deciding whether the level of bank charges were ... Read more

BACKGROUND On Wednesday 2 July 2008  the House of Lords handed down a Decision in the case of Mr Spencer-Franks v KBR and Others. Mr Spencer Franks worked offshore as a mechanical technician and was employed by Kellog Brown and Root (KBR) onboard the Tartan Alpha platform operated by Talisman Energy (UK) Limited. ( Talisman). The Decision of all 5 Law ... Read more

These are the current compensation limits for Employment Rights. The figures shown are MAXIMUM awards. Unfair dismissal Basic award £10,500 (a)(b) Compensatory award £66,200 (a)(b) Additional award £18,200 i.e. 52 weeks’ pay Redundancy pay Maximum award £10,500 (a)(c) Discrimination Maximum award No limit Dismissal for union/employee representative or pension trustee reasons Basic award £10,500 (minimum £4,700) (a)(b) Compensatory award £66,200 (a)(b) Dismissal for health and safety reasons Basic award £10,500 (minimum £4,700) (a)(b) Compensatory ... Read more

A detailed report by Lord Justice Clerk,Lord Gill,was published on 30th Sept 2009.The Scottish Civil Courts Review follows a two year review into the provision of civil justice by the courts in Scotland,including their structure,jurisdiction,procedures and working methods.The report is now available to download from the Scottish Courts website. ... Read more