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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.
The Chair of the Bar reports back
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
In an era of patient-centred care and growing concern over misconduct in medical settings, why do women still lack the right to choose women consultants for examination and treatment? Charles Davey investigates
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC