Most solicitors will at some stage have heard a client declaring the law (or the judge) to be an ass and decrying the general failure of the legal system to apply the concept of “common sense” when interpreting a contract. The underlying purpose of contractual interpretation is to give effect, so far as the legal system can do so, to the intention of the parties. It is their autonomous agreement which makes the contract binding and determines its interpretation. In theory, it is the courts’ role to maintain that notional contractual freedom of the parties by preserving “a bargain” that they themselves negotiated and in order to do so, judges are required to deploy the most appropriate interpretative methodology.
The updated Judicial College Guidelines were published on 11 April 2022 to reflect the updated position since the 15th Edition was published in November 2019. These guidelines are an invaluable resource for all practitioners, as well as the Courts, when quantifying claims in respect of both personal injury and clinical negligence. The aim is to encourage consistency of the approach to both awards and settlement and they are updated regularly to keep abreast of various factors, including developments in the law and inflation. The figures contained within the guidelines are based on sums awarded by the Courts, with brackets for each category of personal injury setting out the recommended general damages sum, together with guidance as to the factors that should be considered in individual cases in order to decide which bracket best applies to the injuries concerned.
On 6 April 2022, the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) came into force to amend the scope of the Personal Protective Equipment at Work Regulations 1992 (PPER 1992). As a consequence, employers now owe duties in relation to PPE to categories of workers who have a more casual employment relationship and who work under a contract for services.
Scottish Civil Courts can move very quickly if necessary - Scotland also has a unique tripwire system.
Solicitor Advocate Paul Motion puts the kettle on and explains.
