"Sanction for counsel: the new landscape"

Fraser Simpson, Partner

In this month's edition of The Journal of the Law Society of Scotland, Digby Brown Partner Fraser Simpson discusses a decision of the Sheriff Appeal Court in an asbestos-related case which has wider importance for people seeking the assistance of counsel (an advocate) when raising a personal injury case in court. 

Recent changes in the law mean counsel can only be employed in some cases with the agreement of the court.  This case centred on whether the court allowing the use of counsel in an asbestos-related case was reasonable - the Sheriff Appeal Court found that it was.

The article first appeared in the May 2017 edition of the Journal

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Sanction for counsel: the new landscape

A decision of the Sheriff Appeal Court in an asbestos-related personal injury case has wider significance for those wishing to seek sanction for instructing counsel

The Sheriff Appeal Court opinion in Cumming v SSE plc [2017] SAC (Civ) 17 (21 April 2017) confirms the reasonableness of the employment of counsel in an asbestos-related pleural plaques case raised in the All-Scotland Personal Injury Court and contains some helpful comments on motions for sanction for the instruction of counsel generally.

The pursuer in this case, a former craftsman electrician, sought compensation for his diagnosis of pleural plaques, which developed because of exposure to asbestos when he was at work delivering and installing storage heaters and electricity meters in homes.

Click here to read the full article on The Journal website