Discount rate & PPO legislation passes stage 1

The Scotland-specific legislation was discussed by the Parliament in yesterday’s Stage 1 debate on its general principles.  The Minister in charge, Ash Denham MSP, bookended the debate during which a number of points were highlighted for further scrutiny at subsequent stages, including moving the frequency of rate reviews to a five-year cycle.

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London, Paris, Rome: another key case on applicable law

A decision of the High Court in London in late November in a claim arising from an accident in Paris further develops our understanding of Rome II, the EU regulation which sets out the rules for deciding which substantive national law should apply to tort claims involving foreign elements.

In this case, the judge had to decide on the law applying to claims arising from a fatal motorway traffic accident outside Paris in summer 2012 that involved a French uninsured driver (and hence the UK MIB as proxy for its French counterpart), the English owner and passenger (who was killed in the accident) of a broken-down English-registered Fiesta, and a French recovery truck.

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