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Civil procedure – Personal injury – Expenses – Voluntary pre-action protocol. Sheriff Court: In a personal injury action in which the pursuer's solicitors sent a letter of claim to the defender's insurers proposing that the claim be negotiated in terms of the voluntary pre-action protocol, of which the insurers were signatories, and then raised the action without further warning after receiving no reply within 21 days, and the sheriff found no expenses were due to or by either party after the action settled, taking the view that a further warning letter was required, the court held that the sheriff's approach was erroneous; where it was accepted that adherence to the protocol reflected the normal and reasonable approach there was a risk of causing uncertainty and undermining confidence in the protocol if the court superimposed additional requirements such as that suggested by the sheriff.
Civil procedure – Personal injury – Expenses – Voluntary pre-action protocol. Sheriff Court: In a personal injury action in which the pursuer's solicitors sent a letter of claim to the defender's insurers proposing that the claim be negotiated in terms of the voluntary pre-action protocol, of which the insurers were signatories, and then raised the action without further warning after receiving no reply within 21 days, and the sheriff found no expenses were due to or by either party after the action settled, taking the view that a further warning letter was required, the court held that the sheriff's approach was erroneous; where it was accepted that adherence to the protocol reflected the normal and reasonable approach there was a risk of causing uncertainty and undermining confidence in the protocol if the court superimposed additional requirements such as that suggested by the sheriff.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
