We’ve previously commented on Wayne Gardner Young v Royal and Sun Alliance Insurance plc [2020] CSIH 25, a case where Insurers successfully defended the avoidance of a property policy due to the policyholder’s undisclosed involvement with a series of insolvent companies. A recent judgment comes to the opposite conclusion on broadly similar facts. Whilst the distinction between the two is clear, their juxtaposition provides a helpful reminder of the fine line between an all or nothing outcome.
Recent years have seen a rapid increase in non-surgical cosmetic treatments administered throughout the UK. Surprisingly, unlike cosmetic surgery, aesthetic treatments such as Botox or Dermal Fillers have been largely left for the industry to self-regulate. Non-surgical cosmetic treatments require penetration of the skin and alter the appearance of the person injected; yet there is currently no UK regulatory framework or restrictions on who can administer the injections and no requirement for the cosmetic practitioner to be covered by the appropriate level of insurance, or any at all.
The Court of Appeal have recently considered the doctrine of vicarious liability in the case of Blackpool Football Club v DSN. The claimant, who was then aged 13, had been subjected to a sexual assault by a former football scout, Frank Roper, on a football trip to New Zealand organised by Roper. The claimant sought to find Blackpool Football Club, for which Roper had performed “scouting” activities introducing young players to the Club, liable for his assaults. Mr Roper died several years prior to the proceedings.
In our last blog we discussed why it is important to make a Will if you are starting a family. In the second part of this blog series we consider Powers of Attorney and Living Wills and why these are similarly important.
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.
