bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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Page 8 of 81

Unsafe Cladding in Scotland: A Brief Guide to the New Proposals

07 December 2023

Since the Grenfell Fire in June 2017, the UK and Scottish Governments have introduced a number of reforms in relation to external wall cladding and fire safety. On 1 November 2023, the Scottish Government published its latest proposals, in the form of the Housing (Cladding Remediation) Scotland Bill.

Challenging times for experts in the Supreme Court

30 November 2023

TUI (UK) Ltd v Griffiths [2023] UKSC 48 - The UK Supreme Court has handed down judgment in a case which, although concerning a personal injury claim, and set against the backdrop of the civil procedure rules which apply only in England & Wales, will be of general interest across all types of litigation, as it concerns the treatment of unchallenged expert witness evidence. The judgement adds to a body of caselaw that has been developing over recent years in relation to how expert evidence should be dealt with by the courts. The Supreme Court set out, in the Scottish case of Kennedy v Cordia (Services) LLP [2016] UKSC 6, the criteria for determining the admissibility of expert evidence. Here, it considers the circumstances in which the court may (and may not) accept unchallenged expert witness evidence.

The AI Safety Summit

29 November 2023

“Artificial Intelligence (AI) presents enormous global opportunities: it has the potential to transform and enhance human wellbeing, peace and prosperity. To realise this, we affirm that, for the good of all, AI should be designed, developed, deployed, and used, in a manner that is safe, in such a way as to be human-centric, trustworthy and responsible. We welcome the international community’s efforts so far to cooperate on AI to promote inclusive economic growth, sustainable development and innovation, to protect human rights and fundamental freedoms, and to foster public trust and confidence in AI systems to fully realise their potential.” – The Bletchley Declaration by Countries Attending the AI Safety Summit 2023

Don’t hit “snooze” on your personal injury action – non-engagement as the basis for manifestly unreasonable conduct

16 November 2023

Every personal injury solicitor in Scotland will no doubt be all-too-familiar with Qualified One-Way Cost Shifting (or “QOCS” as we’ve all taken to referring to it by way of shorthand, because “Qualified One-Way Cost Shifting” is a bit of a tongue-twister). Brought in by way of the Civil Litigation (Expenses and Group Proceedings (Scotland) Act 2018 (“the Act”), QOCS came into force in Scotland on 30 June 2021, and has enormously altered the landscape of expenses in personal injuries actions. Under section 8(4) of the Act, courts are not permitted to make an award of expenses against a Pursuer except where they failed to conduct the proceedings appropriately.

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