bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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The Scottish Insurance Summit 2015

Scottish Casualty Claims Focus - Panel Discussion: “Changing Landscape of the Scottish Civil Justice System” / “Low Velocity Impact Motor Claims” / Regulatory Update: “The Review of Health & Safety Sentencing: What does it mean for Insurers?” / "Cyber Risk and Data Protection from a Scottish Perspective"

Date: Wednesday, 11 March 2015

Time: 16:15 - 19:30

Location: Lloyd’s of London One Lime Street, London, EC3M 7HA

Speakers:

Carly Forrest (Partner & Solicitor Advocate)

Tony Jones (Partner & Solicitor Advocate)

Karina McShane (Partner)

Stephen Bryceland (Partner & Solicitor Advocate)

Clare Bone (Partner & Criminal Solicitor Advocate)

Vikki Watt (Partner & Solicitor Advocate)

Paul Motion (Partner & Solicitor Advocate)

Angus Crawford (Partner)


Audience:

Insurers and self insured

Programme:

16:15 Registration

16:30 Panel Discussion & Seminars

18:00 Drinks & Canapés


Fee:

This seminar is free of charge.

Description:

Scottish Casualty Claims Focus - Panel Discussion:
“Changing Landscape of the Scottish Civil Justice System”
Panel Members: Carly Forrest (Partner & Solicitor Advocate), Tony Jones (Partner & Solicitor Advocate) & Karina McShane (Partner)

“Slow, inefficient and expensive” are three words that no insurer wants to hear, however, that is precisely how Lord Gill described the current civil justice system in Scotland following his review. Lord Gill’s review was the start of what has now become an unprecedented period of change for the Scottish system of litigation. The contentious Courts Reform (Scotland) Act 2014 received Royal Assent in November 2014 and a number of the key reforms will take effect in September 2015. The reforms will transform the way that civil litigation is conducted in Scotland. Funding is also set to undergo an overhaul with the introduction of a consultation titled “Expenses & Funding of Civil Litigation Bill” which covers issues such as SFA’s DBA’s and QOCS. The Scottish Government have also recently proposed some other radical changes, such as extending the time limit for raising personal injury cases from 3 to 5 years. We have also seen the introduction of a consultation which seeks to challenge s69 of the Enterprise & Regulatory Reform Act. During our panel discussion, our specialist insurance lawyers shall:

  • address the major effects the reforms will have on casualty claims from a defender perspective
  • consider the cost implications for insurers
  • discuss our strategies for ensuring a smooth transition to running cases in this new environment. 

“Low Velocity Impact Motor Claims”
Speaker: Stephen Bryceland (Partner & Solicitor Advocate)

Motor claims involving personal injuries claimed after low velocity impacts are viewed with great suspicion by insurers. We will look at the different approach required to this type of claim in Scotland in light of the absence of the Portal and the different rules that apply – touching on issues relating to the Scottish Voluntary Pre-action Protocol, court procedure, evidence and cost.

Regulatory Update: “The Review of Health & Safety Sentencing: What does it mean for Insurers?”
Speakers: Clare Bone (Partner & Criminal Solicitor Advocate) & Vikki Watt (Partner & Solicitor Advocate)

In the past year, the English Sentencing Council has introduced highly prescriptive Sentencing Guidelines for Environmental cases in England and Wales. It also launched a consultation to carry out the same exercise revising the existing Sentencing Guidelines for health and safety offences, including corporate manslaughter/homicide and extending them to food safety and hygiene offences in those jurisdictions. We will cover:

  • what impact that development is likely to have on Scottish prosecutions and
  • why this sea change in sentencing may become a concern for Insurers as well as the insured. 

"Cyber Risk and Data Protection from a Scottish Perspective"
Speakers: Paul Motion (Partner & Solicitor Advocate) & Angus Crawford (Partner)

We will consider:

  • cyber risks, social media use, cloud data storage
  • increase of fines by EU up to €100m and impact on likely defence costs
  • Scottish specific issues in third party cyber risk claims.
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Contact BTO

Glasgow

  • 48 St. Vincent Street
  • Glasgow
  • G2 5HS
  • T:+44 (0)141 221 8012
  • F:+44 (0)141 221 7803

Edinburgh

  • One Edinburgh Quay
  • Edinburgh
  • EH3 9QG
  • T:+44 (0)131 222 2939
  • F:+44 (0)131 222 2949

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