On 3 November 2020, the Health and Sport Committee of the Scottish Parliament continued its stage 1 consideration of the Liability for NHS Charges (Industrial Disease) (Scotland) Bill, taking evidence from: the Association of Personal Injury Lawyers (APIL), the Forum of Scottish Claims Managers (FSCM), a Professor in occupational and environmental health and from a pursuer’s solicitor.
If enacted, the legislation would allow for the recovery by the state of charges incurred by the health service in treating pursuers with industrial diseases where they obtain compensation for the disease (but only when the cause of action arises after commencement).
Ecila Henderson was being treated by Dorset for serious psychiatric illness. During a period in which she had been negligently released from its care her condition caused a foreseeable a loss of control in which she killed her mother. She was convicted of manslaughter and the Supreme Court had to decide if she could recover damages in tort flowing from the Trust’s failure properly to care for her.
Officials from the NI Department of Justice gave evidence this afternoon on the way forward following consultation over the summer on the mechanism for setting the personal injury discount rate. There are two significant developments:
- First that the officials indicated that on balance the Department had concluded it would not proceed to reset the existing rate based on the 1996 Act, ILGS yields and Wells v Wells.
- Second is that the Department will seek to introduce legislation quickly to deliver a new legal framework for setting the discount rate.