Association of Personal Injury Lawyers
A not-for-profit organisation representing injured people

To The Scotsman re: Scotland set to become first choice to bring personal injury actions

04 Nov 2019
APIL news

The notion that severely injured people in England and Wales will flock to make their compensation claims in Scotland under the more favourable system is overblown and absurd.

The vast majority of people injured in England or Wales are unlikely to be able to ‘forum shop’ and issue their claims north of the border because there will be no substantial Scottish links to their cases. A man who has suffered life-changing injuries at work for a Scottish company on English soil, for example, could be able to start his claim in Scotland, but these incidences are uncommon. Judges are clear that they are wary of allowing cases with tenuous links to proceed.

The writer also wrongly conflates fraudsters with people who have genuine, avoidable injuries. Let’s be clear: making a fraudulent compensation claim is a crime. Pursuing the right to redress for injuries inflicted by the negligence of others is a cornerstone of a modern and fair society and no-one should be vilified for doing so.

Ronald E Conway

Scotland co-ordinator for the Association of Personal Injury Lawyers (APIL)

Past letters to the press

Northern Ireland bereavement law is out of touch, 08 Nov 2021
Bereavement laws for fathers are outdated, 21 Oct 2021
Medical litigation (The Times 14 July) , 14 Jul 2021
The Times re: Tight leash on whiplash crash claims, 29 May, 02 Jun 2021
APIL calls for time limit on child abuse claims to be abolished , 11 Feb 2021
MoD shirking responsibility to pay compensation to injured veterans after six years, 28 Jul 2020
Regional newspapers: Being late is taken more seriously than being injured needlessly, 28 Jan 2020
The Scotsman re: Rachel Henry and Alistair Kinley: Fraudulent and dishonest claims getting off Scot-free, 16 Jan 2020

More past letters to the press

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