The Scotsman

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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

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