bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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BTO produces blogs on a regular basis.  Please search for the topics of interest to you.

405 articles found.

Page 1 of 81

The price of life?

09 September 2021

How much is a life worth? It is arguably unquantifiable and, in many respects, unpalatable to have to ascribe a monetary value for the loss endured by the family left behind on the death of a loved one. Sadly, it is a task that practitioners before the Scottish Courts must contend with on a regular basis when making offers under s.4(3) of the Damages (Scotland) Act 2011, more commonly known as awards for loss of society. This is an award of damages to compensate the relative for distress and anxiety endured by the relative in contemplation of the suffering of the deceased before their death; the grief and sorrow of the relative caused by A’s death and, finally, the loss of such non-patrimonial benefit that the relative might have been expected to derive from their society and guidance if they had not died.

Stop, Look, Listen

26 August 2021

As a motorist, requiring a driver’s licence, knowledge of the Highway Code and compulsory insurance and also as a cyclist, requiring no training, licence or insurance, it is interesting to ruminate on the shared use of roads by cyclists and motorists, given that the consultation period recently ended in relation to proposals to revise the Highway Code. One of the changes being that the introduction will be updated to include a ‘hierarchy of road users’, with those road users who can cause the greatest harm (vehicle users) having the greatest responsibility to reduce danger to vulnerable road users, including cyclists.

Don’t Look Back in Anger – Timebars and Hindsight

05 August 2021

The Covid-19 pandemic has forced changes to almost every aspect of our lives. In WPH Developments Limited v Young & Gault LLP (in liquidation) 2021 CSIH 39, the Court of Session has confirmed one thing which won’t change; the law on prescription.

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