Julie Hamilton discusses some of the key differences when litigating in Scotland and England. There are lots of differences between the two judicial systems. Here we focus on 5 important practical points.
Thu 22 Apr 2021
Julie Hamilton discusses some of the key differences when litigating in Scotland and England. There are lots of differences between the two judicial systems. Here we focus on 5 important practical points.
Shea Ryan died after falling into an incomplete manhole at a Drumchapel construction site in July 2020. The accident was caused by poor communication between two principal contractors during a site handover. Under CDM 2015, principal contractors must share safety-critical information, especially during changes in site control. This case highlights the serious consequences of failing to meet those duties.
In Hastings v Day 41 Ltd, the Sheriff Appeal Court reaffirmed the strict criteria for lay representation under section 97 of the Courts Reform (Scotland) Act 2014. The company’s application to have its director appear in court was rejected on all grounds: financial capacity, suitability, and the interests of justice.