Scotland to extend time limit on personal injury claims

by Gill Montia

Story link: Scotland to extend time limit on personal injury claims

Commercial law firm, DWF, is opposing proposals by the Scottish Law Commission (SLC) to extend the time limit on personal injury claims from three to five years.

The reforms are intended to help those bringing claims for occupational diseases including asbestosis and mesothelioma, but DWF insurance partner, Simon Denyer, finds the SLC proposals surprising because “they are out of kilter with other developments which will have the effect of speeding up cases”.

Adding “There will always be the odd case where the limitation period is an issue, where a claimant has delayed instructing lawyers, or where insurers can’t be traced at first and are found only much later. However these would be so rare that legislating for them beyond the court’s existing discretionary powers to waive limitation in the context of a disease case is inappropriate.”

In England, the Government has drawn up plans to speed up the settlement of personal injury claims.

Under the new proposals, lawyers will have five days after being contacted by a claimant in which to notify insurers of a potential claim.

Insurers will have 15 days in the case of a motor claim and 30 days for a workplace or public liability claim, to decide whether or not they are going to settle.