Make learning fun
mation has been taken over by a new Minitrial Steering Group, with Lord Mulholland as Chair.
In 2017, I was overwhelmed to be awarded an OBE in the New Year Honours, for the Minitrial work. I was delighted to dedicate the honour to the thousands of young people, teachers, lawyers and court staff who have worked together so enthusiastically
Scotland may also drive up fraudulent claims activity north of the Border.
At present Scotland experiences relatively low levels of organised fraud in the claims sector. However that may not remain the case in the context of several changes to the claims environment.
In England and Wales, a claim which is genuine but significantly exaggerated (fundamentally dishonest) can be dismissed by the Court in its entirety. In Scotland the genuine core of a claim cannot be dismissed, notwithstanding fraudulent exaggeration and the claimant will receive compensation for that genuine element. and selflessly and without whom Minitrial could never have become such a success. Thank you.
Anyone who would like to try a Minitrial, or assist as a volunteer, can visit the website www.minitrial.org. uk or email minitrialsenquiries@ gmail.com
The Hon Lord Kinclaven, OBE, is a Senator of the College of Justice
This different response to fraudulent claims will soon be coupled with lower damages in England and Wales for whiplash injuries and following last month’s announcement – with substantially lower damages for future losses.
Furthermore, in Scotland, 2020 will see the introduction of QOCS (qualified one way costs shifting) whereby a losing claimant will only be liable for the defender’s legal costs in limited circumstances.
In short, this is a very disappointing outcome for the insurance industry – and is likely to impact on insurance cover costs for businesses across the country as the benefits to be reaped from a fraudulent claim are increasing when, at the same time, the consequences of the fraud being apprehended are lessened. Kate Donachie is a Managing Associate with Brodies LLP
HAVE YOUR SAY www.scotsman.com