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)