Following a lengthy legal battle which commenced in October 2007, on 13th October this year the Supreme Court (formerly the House of Lords) ruled against the Insurance industry in its attempt to overturn the damages (Asbestos Related Conditions) (Scotland) Act 2009 in relation to said act having made the condition of Pleural Plaques compensatable in Scotland.
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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
Litigation Finance and Support
Following Quantum’s successful launch of its litigation finance and support product, Solicitors now have a real alternative source of finance and support for clients where the only options would appear to be to withdraw from a case or for the client to be exposed to financial risks.
Please download the Quantum Solicitors Brochure for further details of the Quantum Litigation Finance and Support product, alternatively request a printed brochure by emailing litigation@quantumclaims.com, and should you have any queries or wish to discuss a particular case, please do not hesitate to contact Mr George Clark or Mr John Symon, Directors at Quantum, via our contact page.
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