Call us today 0141 337 6678

McCarthy Law

Star Wars Production Company Prosecuted Following Accident in the Workplace

The production company behind the blockbuster, Star Wars: The Force Awakens, is facing legal action following an accident on set which left Harrison Ford with a broken leg.

The 73-year-old was injured after a metal door fell on top of his leg when he was filming on set in June 2014. As a result of the injury, the actor was airlifted to hospital and had to have surgery. Following the incident, filming was suspended and after an investigation, the Health and Safety Executive ruled that the incident had occurred due to a breach of employer’s duty of care.

The incident highlights that regardless of occupation and status, there is always the chance of an injury in the workplace as a result of negligence or a failure in an employer’s duty of care.

Accidents in the Workplace: When Can I Make a Claim?

While not everyone will be injured as a result of the door of the Millennium Falcon falling on their leg, workplace injuries are exceptionally common. Although injuries in the constructio, agricultural and manufacturing industry are the most common, workers in all sectors can be at risk of a workplace accident.

Regardless of where you work, if you were injured through no fault of your own, you will be able to take legal action. However, if you were responsible for your own injuries, you will not be able to make a claim for damages.

As well as not being at fault for your own injuries, there are other rules that must be followed when making a personal injury claim. There are exceptionally strict time limits in place when making a personal injury claim. To make a successful personal injury claim you must take action no later than three years after the accident. If you fail to act within the three year limit then you will be unable to make a personal injury claim.

Workplace Accidents UK: What is Needed to Take Legal Action?

While there are strict time limits and rules that must be adhered to as mentioned above, you will need to prove that your accident occurred through no fault of your own. This can be exceptionally difficult, especially if someone (or your employer) is denying responsibility. Therefore, you may need to prove that the incident occurred through no fault of your own and was due to negligence or carelessness. When you first contact our service, we will inform you of exactly what is needed to make a personal injury claim, however, you will almost certainly need to provide basic details of the incident such as where, when and how the accident occurred.

Further evidence offered will boost the validity of your claim and could prove to be crucial. A medical report can prove to be beneficial when making a personal injury claim as it not only shows the extent of your injuries but also gives insight into the rehabilitation time. Such a document, from a highly respected occupation, can prove to be vital in a personal injury claim. As well as a medical report, any other evidence you can provide should be given to your solicitors. This includes statements from witnesses to your accident, photographic evidence of either your injury or how the incident occurred. Further evidence can even be a note of the accident in the Accident Report Book in the workplace.

Personal Injury Solicitors: Contact Us

If you have been injured in the workplace through no fault of your own, contact our team of personal injury experts today using our online contact form or call our team on 0141 337 6678.


Glasgow Pays £1.4 Million in Compensation for Pothole Damage

A freedom of information request has revealed that Glasgow City Council paid out £1.4 million in compensation in the last four years for those affected by potholes in the city.

Two-thirds of all payouts were in regards to potholes causing injury or resulting in an accident, leading to a personal injury claim. The council was subjected to, on average, 50 claims per month, with close to £1 million being awarded as a result of personal injury compensation or settlements.

The two biggest cases resulted in £35,000 payouts for those who had suffered injuries as a result of a pothole, with 294 people claiming compensation from the council following an accident. The freedom of information request, which the Glasgow City Council demanded payment for, showed that the council received 33,340 complaints about potholes over the four years, an average of almost 23 a day.

As well as claiming for compensation for injuries, many claimed following damage to their vehicle following an accident. The council agreed to pay compensation in 2,504 of the cases (7.5%) meaning an average of 52 payouts per month for either personal injury claims or damage to vehicles.

A Glasgow City Council spokeswoman said: “The council has invested £75m over the last six years repairing the city’s roads network, and this has significantly reduced the number of claims received and the number of claims which are successful.

“The positive trend in the reduction of weekly potholes reported by the public over the last three years is reflected in the number of claims received and the number of payouts over this period.”

Director of Policy and Research at the Institute of Advanced Motorists, Neil Greig said: “By allowing its roads to deteriorate to such an extent Glasgow council has ended up paying out even more and it still has to fix the potholes on the network.

“It is only by ring-fencing long term funds for road maintenance that the problem can be solved.

“Engineers know what they have to do they just need long-term commitment so they can plan properly.”

Road Traffic Accidents: Making a Personal Injury Claim

Potholes and uneven road surfaces can play a major part in road traffic accidents with drivers forced to swerve due to potholes or uneven road surfaces. If you were involved in an accident that was not your fault, or if the road surface was a contributory factor in your accident, you could be entitled to make a personal injury claim.

To make a personal injury claim following a road traffic accident, it is vital that you provide as much evidence to support your claim as possible. Our team of personal injury lawyers will need to know the basic details such as where, when and how your incident occurred. Further evidence such as who was responsible for your accident and the full extent of your injuries will need to be provided to obtain compensation. A medical report can verify your account and show the full extent of your injuries.

It is important to note that you must take legal action no later than three years after the incident. If you fail to take legal action before the three-year period, you will be unable to make a personal injury claim. You will also not be able to make a personal injury claim if you were responsible for your accident, or if your injury was a result of your negligence.

Contact Us

If you have been injured in a road traffic accident, in the workplace or in public through no fault of your own, contact our expert team of personal injury solicitors using our online contact form to get the compensation you deserve.


Fewer Fatalities on A9 Following Introduction of Average Speed Cameras

There have been fewer fatal road traffic accidents on the A9 since the introduction of average speed cameras according to figure released by Transport Scotland.

The average speed cameras which were installed and put into action just over a year ago. However, experts have warned that it will be at least another two years before the success of the average speed cameras can be properly assessed.

According to the data from Transport Scotland, two fewer people died and 16 fewer people were injured between Dunblane and Inverness from November 2014 to October 2015 with Transport Scotland adding that this trend continued to the end of 2015.

The total number of people killed or seriously injured on the road between Perth and Inverness fell by just over half.

Prior to the introduction of the average speed cameras it was found that one in three were speeding on the A9. Following the introduction of the average speed cameras this has fallen to, on average, one in fifteen.

Transport minister Derek Mackay said: “For the first time since parts of the A9 were upgraded in the 1970s, there were no fatal accidents anywhere on the route from July to December.

“These improvements are taking place with rising traffic volumes and the continuing use of this nationally important route to support the economy of the Highlands and Islands.

“We are monitoring the performance of the A9 and welcome the figures which indicate that the route continues to perform far more safely than before.

“Fatal and serious casualties have more than halved and there are clear and substantial reductions in fatal casualties both between Perth and Inverness and between Perth and Dunblane.”

Speed a Major Factor Road Traffic Accidents

Speed is considered to be one of the main factors in road traffic accidents. According to the Royal Society of Prevention of Accidents, inappropriate speed is a major factor for more than 14% of all serious injuries on the roads and 24% of all collisions that result in death. If average speeds on the road fell by 1% the number of accidents would decrease by 5% according to the society.

If you are involved in an accident that was a result of high speeds through no fault of your own, there is a high chance that you will be seriously injured. However, thankfully, you will be able to make a personal injury claim.

Making a Personal Injury Claim: Road Traffic Accident

If you have been injured in a road traffic accident that occurred through no fault of your own, you will be able to make a personal injury claim. To make a personal injury claim, it is important to provide our team with as much evidence as possible. Our team of solicitors will require the basic details about the accident such as where, when and how the incident occurred. As well as this, we will require as much evidence to build the strongest possible claim.

If you have been involved in an accident at high speeds it is likely that you will have sought medical advice. A medical report can prove the extent of your injuries as well as verifying your accident claim and can be exceptionally useful for our solicitors. Any photographic evidence, witness statements and contact details of those involved should also be provided to build the best possible case and strengthen your claim for compensation.

Contact Us

If you wish to make a personal injury claim following a road traffic accident, contact our team of expert personal injury lawyers today using our online contact form.


Scottish Teachers Awarded £290,000 in Injury Compensation

A new study has revealed that Scottish teachers and lecturers received almost £300,000 in compensation following accidents in the workplace that resulted in serious injury.

The compensation reported in the figures only covers the amount recovered by the Educational Institute of Scotland (EIS) and does not cover private litigation. However, the figures highlight the dangers and potential injuries that can arise in areas of employment that are considered to be safe.

One teacher was awarded £150,000 after a slip in the staff car park on black ice which resulted in a broken pelvis. There was no warning that the conditions were dangerous underfoot, and as the incident occurred on school property, the employer was liable for failing in their duty of care. Other injuries included ligament damage from a window falling inward in a classroom.

The figures from the EIS showed that in terms of accidents to teachers, slips, trips and falls were the most common with most injuries being a result of ice or dangerous conditions underfoot.

Larry Flanagan, the EIS general secretary said: “At a time when employers are expressing concern at the costs of sickness absence it is ironic that failure to provide teachers and lecturers a safe place of work has led to significant legal challenge.

“Teachers and lecturers are entitled to safe workplaces and the evidence over this year is a worrying testimony to a lack of diligence by employers.

“These damages should never be viewed as some kind of windfall for injured members. Every case is calculated to the penny with the sole aim of putting members back to the position they were in before they were injured through no fault of their own.”

He added: “It is essential that all injuries in the workplace are reported, logged and that the police are informed where a potential crime, such as assault, has occurred. Without proper procedures being followed for the recording and reporting of incidents, there is little chance of any action being taken to address the cause of the injury.”

A Scottish Government spokeswoman said: “Every pupil and teacher should feel safe from harm at school and in their community. Local authorities have a statutory responsibility to maintain their schools to a safe and sufficient standard and make it clear that violence of any sort is unacceptable.”

Accidents in the Workplace: Making a Personal Injury Claim

If you are involved in an accident in the workplace that occurred through no fault of your own, or if was a result of your employer failing in their duty of care, you could be entitled to make a personal injury claim.

In order to make a claim, it is important to provide as much evidence regarding your injury and the circumstances around your accident. Such evidence will verify your account and demonstrate the seriousness of your injuries. To make a claim, we may require a medical report, photographic evidence, contact details of any witnesses that saw the accident and a copy of the incident in the Accident Report book. We will also require the basic details about the incident such as where, when and how the accident occurred.

Contact Us

If you have suffered an injury through no fault of your own, our team of personal injury solicitors can help you get the compensation you deserve. Contact our team of experts today using our online contact form, or call us today using our online contact form.


Living Together? Consider a Cohabitation Agreement

This week Ayesha Vardag, one of the highest profile family lawyers in the UK, wrote an article for the The Guardian to warn people about the legal implications of cohabiting. Whilst the law is different in Scotland, it remains advisable to consider legal protections when you move in with someone.
Recent information released by the Office for National Statistics has revealed that cohabitation rates continue to rise. Between 2004 and 2014 the cohabiting couple family rose by 29.7%. This makes the cohabiting family the fastest growing family group. This rise has been accompanied by a steady fall in numbers of people getting married.
Moving in with someone is an exciting time and it is big step to take in your relationship. However, it is important to consider the legal relationship you are creating and what you can do to protect yourself and your property in case things go wrong in the future.

Cohabitation Claims in Scotland

The Family Law (Scotland) Act 2006 reflected the fact that family structures have changed significantly and made it possible for cohabitants to make claims upon one another when the period of cohabitation ends. The act defines cohabitants as a man and woman who live together as if they are married or a same sex couple who live together as if they are civil partners. The 2006 Act allows cohabitants to make financial claims upon their former partner. A claim can be made for an economic advantage their partner has gained or an economic loss they have suffered as a result of the cohabitation. An example of this could be the financial loss of taking time out of your career to look after children. Claims can also be made to cover the cost of future childcare. These claims can only be made up to one year after the end of the cohabitation.

Cohabitation Agreement

A cohabitation agreement is an invaluable tool to protect yourself and your assets against a future breakdown in your relationship. This is a contract between the two parties to the cohabitation that details what will happen if they split up. This might seem like the last thing you would want to think about as you are planning to move in together, but having a cohabitation agreement in place could save you a lot of money in the event that you separate. Separation is always a difficult time and being unsure about who will get what, or worrying about potential claims that could be made against you could make this time even more difficult.

Inheriting From a Cohabitant

If someone dies intestate (without having a valid will in place) then their cohabitant partner can make a claim upon their estate. The claim can be no more than a spouse would have been entitled to and certain requirements must be met to be able to make a claim upon the estate. Making a claim upon a deceased cohabitant’s estate is expensive and the courts have not been generous in the past.

McCarthy Law Cohabitation Support

Kathleen McCarthy is a highly experienced family lawyer with years of experience in drafting cohabitation agreements. Kathleen represents clients all over Scotland and Family Law Inverness and Family Law Dundee are operated on her behalf.

Get in touch today using our online contact form.


New Construction Guide in Place to Prevent Illness and Injury

A new health and safety guide for constructions sites has been published by the Health and Safety Executive (HSE) in an attempt to reduce the number of construction injuries.

Despite the best efforts of health and safety organisations and campaigners, the construction industry remains one of the most dangerous areas for employees to work in with many workers severely injured as a result of working at a height, working with dangerous machinery or even suffering a serious illness obtained on a construction site.

Although efforts have been made to improve the industry, upon the last inspection, carried out by the HSE, there were more than 200 health-related enforcement notices issued by inspectors.

Illnesses and Injuries: Construction Sites UK

Each year it is estimated that thousands of workers are either fatally or seriously injured on construction sites. However, one of the biggest dangers in working in the industry is that later health problems are exceptionally common. According to statistics each week there are more than 100 deaths from construction related illnesses with less than half of all construction workers working until they are 60 due to poor health. With more illnesses being found every day and more health and safety failings in the UK’s construction industry, construction workers are 100 times more likely to suffer from a disease rather than suffer a fatal accident in the workplace. It is believed that this is due to the exposure to certain chemicals and other factors in the industry that leads to problems later on in life.

New Health and Safety Guide: Construction Accidents

It is hoped that the new guide will prevent such incidents from occurring and improve the overall health and safety of workers both when on a construction site. The guide, titled, Occupational health risk management in construction, was written by the Construction Industry Advisory Committee (ConIAC) health and safety campaigners with the Institution of Occupational Safety & Health (IOSH) also contributing.

The guide provides both employers and employees with insights into the industry and highlights some of the risks in the industry as well as looking at the best ways to prevent injuries and accidents. Ian Strudley, Chair of the ConIAC Health Risks Working Group and HSE Principal Specialist Inspector, said: “The misunderstanding of occupational health within the construction sector means that while the industry focuses on managing the more familiar safety issues, serious health risks get ignored. We cannot let this continue.”

Shelley Frost, Executive Director – Policy at IOSH said: “There have been huge advances in improving safety in the construction sector over the last 15 years, but the industry has yet to generate such advances in improving the picture in occupational health.

“This new guide raises awareness of the occupational health issues in construction, demystifies how to best manage them and provides information as to where firms can get help and assistance.

“Ultimately, if the advice is followed, it could help to lower incidence rates of occupational ill-health and transform the perception of working in construction to that of an attractive and respectful industry with great career choices.”

Making a Personal Injury Claim

If you are injured in an accident in the construction industry or in the workplace, or if you have been exposed to chemicals or dangerous substances and suffered an illness. As a result, you can make a claim by contacting our team of expert solicitors using our online contact form.


Scottish Government Criticised for “Clean Slate” Driving Proposals

Insurers and road traffic safety groups have criticised the Scottish Government’s proposals to provide a “clean slate” and wipe any driving offences off after 12 months.

However, experts have stated that such a proposal could result in significantly more dangers on the road higher insurance premiums for all drivers including those who drive safely. Insurance companies stated that the scheme will mean they cannot identify dangerous drivers and that premiums will have to go up for all drivers across the board.

Road safety campaigners stated that the proposals effectively removed any safety deterrent for drivers and instead punishes “safe, honest drivers”.

Proposed Change to Road Traffic Law

Under the proposals by the Scottish Government those who receive fines for driving offences such as speeding or driving without insurance would only have the crimes on record for 12 months before they become ‘spent’ after a year rather than five years currently.

As well as speeding, the proposals could affect drink-driving and other serious convictions. Effectively this change would mean that offences would not have to be declared after just a year depending on their sentence. While the Scottish Government have stated that these changes would provide those who had broken driving laws with a fresh start many campaign groups spoke out against the changes, urging the government to reconsider.

In response to the government consultation, the Direct Line Group said the plan was “extremely disproportionate” and that it would no longer be able to identify drivers who risk the lives of others.

In a statement they said: “If insurers are only able to ask for endorsable motoring offences which are less than 12 months old, insurers would no longer have the ability to identify those drivers who drive without care for motoring laws, such as speed restrictions.

“The impact of this would be to share the risk across all the drivers resident in Scotland, thus increasing the premiums for those drivers who have not committed any motoring offences.

“The Scottish Government proposals would lead to a significant dumbing down of serious offences, which would normally lead to a higher insurance premium, and would remove one of the deterrents against poor driving behaviour – people generally drive more responsibly after motoring convictions until the convictions are spent”

The changes that have been proposed in the Rehabilitation of Offenders Act aim to protect the public while also allowing offenders to put mistakes behind them. As well as this, it is hoped that such changes could aid employment opportunities for those who have been charged with offences.

A Scottish Government spokeswoman said an that a full response from the Scottish Government would be revealed in December. In a statement the spokeswoman said: “The responses received to the consultation will inform Scottish Government decisions about next steps in this area. This includes in the area of road traffic offences.

“Protection of the public will remain at the forefront of any future decisions, which will be made after the analysis has been completed and scrutinised.”

Contact Us

If you have been accused of been injured in a road traffic law or suffered an accident as a result of someone else’s negligence, contact us today using our online contact form


How Can You Prevent Your Will From a Legal Challenge?

There has been a string of high-profile legal challenges involving wills and inheritances of late with many stories getting a vast amount of media exposure.

This summer the Court of Appeal overturned the will of charity donor, Melita Jackson, after she left her £500,000 estate to be distributed among animal charities, omitting her daughter, Heather Ilott from the will. However, her will was overturned with the court stating that failed to make “reasonable provision” for her daughter in her will, and awarded Mrs Ilott 164,000 from the estate.

The number of challenges to wills that made it to the UK’s highest court rose by 80% last year with 178 cases, the highest number since 2007. Experts state that the booming property prices in the UK are one of the main reasons for the rise in the number of challenges. However, there are many ways that wills can be protected and made watertight to a legal challenge.

Protecting Your Will From a Legal Challenge

One of the best ways to ensure your will is protected from any legal challenge is also one of the easiest. Many people believe that their will should be a very private matter (which in many ways is correct) however, by informing beneficiaries or people that are involved in your will of what you intend to leave them (and perhaps who is inheriting what or not) is one of the easiest ways to show your wishes and what you want to happen when you pass. Many high-profile celebrities have spoken about their wishes in interviews and informed their loved ones of what they intend to leave when they go. For example, Bill Gates and others have stated that they intend to leave the vast amount of their money to charity. As a result, it makes their will very difficult to challenge as their wishes are known to a wide number of people and their beneficiaries.

Another simple step to protect your will is by enlisting the help of a solicitor. A will can be challenged by beneficiaries but also anyone who could have an interest in your inheritance. One of the most common ways to challenge a will (especially if it involved an omission) is to state that when the will was created the person was not of sound mind. However, a solicitor can provide evidence to counteract any challenge by providing evidence to support your document. A solicitor may provide you with advice such as obtaining a capacity report from a GP to prove that you were of sound mind when creating a will. A solicitor can also provide a paper trail to support your decision and also give the court/judge notes about any omission you may have.

Contact Us

If you wish to omit someone from your will we recommend that you draft a letter of wishes to add to your file. When creating a will, our solicitors can provide you with the advice and support you need and inform you of the steps you can take to ensure that your document is difficult to challenge. Get in touch today using our online contact form.


Fatal Accident Inquiries Mandatory in Scotland Following Military Deaths

The Scottish Government has announced that fatal accident inquiries (FAIs) will be mandatory for all cases involving military personnel. The change in the law sees Scotland’s FAI’s comes after a law in England and Wales saw a coroner’s inquest taking place following the death of any serviceman or woman. Currently in Scotland, the decision to have an FAI lies with the Lord Advocate in Scotland.

The move has been welcomed by campaigners who have long criticised the Scottish Government for not having such a policy in place. High-profile incidents like the fatal collision of two RAF Tornado jets above the Moray Firth did not result in a Fatal Accident Inquiry despite calls from the public, however, under the new laws, an inquiry would now be held.

The groundbreaking changes will now result in an FAI following a military casualty.

Westminster SNP Leader Angus Robertson MP who has been campaigning for a number of years to have the law changed welcomed the move by the Scottish Government saying: ‘’These groundbreaking changes have been necessary for some time, and I am delighted that the Scottish Government has made progress on this with the Ministry of Defence.

“Service personnel in Scotland and their families deserve the best protections, and that includes inquiries into tragic cases involving fatalities.”

FAI: Lengthy Campaign for Change

Campaigners have also welcomed the move with safety campaigner and former RAF engineer Jimmy Jones saying: ‘’These changes are hugely significant. There is a very long list of tragic incidents involving fatalities of service personnel in Scotland where there was no FAI. This will now change, ending the anomaly that there are mandatory inquests into military fatalities in England and Wales but not Scotland. Thus far an agreement has been made “in principle” to bring in such changes in Scotland

Legal affairs minister Paul Wheelhouse said: “Following representations I have made to the UK Government, I am delighted to be able to tell members that the UK Government has given its in principle agreement that it should be possible for a mandatory FAI to be carried out for such deaths, in the same way that such a death would be subject to a coroner’s inquest if it occurred in England or Wales.” The changes will also need to be approved by the Scottish Government.

Fatal Accident Inquiries Scotland

The news regarding military FAIs comes after an inquiry into Fatal Accident Inquiries called for an improvement in the overall structure of such events. A Holyrood committee urged all parties to work with the Scottish Government.

Currently FAIs are compulsory following the death of an employee during employment or the death of a person in custody, with military deaths being the third compulsory FAI if it is passed through Scottish Parliament. An FAI looks to provide closure and shed light on the factors that cause an unexpected or unexplained death.

Expert Solicitors in FAIs: Contact Us

Often claimants rely on the Procurator Fiscal Service without realising that they can use their own solicitor or have their own representation. At McCarthy law, we specialise in representing people during an FAI. We understand that such an inquiry can be exceptionally difficult for loved ones, and we treat each case with the utmost sensitivity and respect. Get in touch with our solicitors today using our online contact form.


Lowering Drink Driving Limit Had Little Effect on Crime Rates

In December last year Scotland lowered it’s drink driving limit to match the vast majority of Europe. However, a recent study has revealed that it has had little effect on the crime rates or accident rates on Scotland’s roads.

In the first free months of the year, Police Scotland recorded 1,337 offences relating to drink and drug driving, a minor reduction from the 1,388 seen over the same period in the previous year.

New Drink Driving Law

Under the new rules, the legal alcohol limit for Scottish motorists dropped from 80mg to 50mg in every 100ml of blood with drivers being warned that having “no alcohol at all” was the best way to ensure they stay within the limit. Motorists were also warned about driving the day after a night out. Such was the high-profile nature of the campaign and the advice given to drivers, it is suggested that many are heeding the advice of the road safety campaign and that the behaviour of drivers in Scotland was changing.

The minor decrease in the number of drivers under the influence of alcohol and drugs goes directly against the figures put together by the Police who reported that they expected to catch at least a third more drivers under the new rules. It is believed by some that this was one of the main reasons for lowering the driving limit. Many have been critical of the new law saying it penalises sensible drinkers and is harming Scotland’s pubs and restaurants.

Superintendent Fraser Candlish, of Police Scotland’s road policing division, said the new limit had proved to be a “good deterrent” in stopping people drink-driving. In a statement, he said: “It is still unacceptable that a minority chose to ignore all the advice and warnings and get behind the wheel after consuming alcohol. They are not just risking their lives but also those of other road users and pedestrians.”

A Scottish Government spokesperson also welcomed the new figures and backed the changed law saying: “It is extremely encouraging to see that the number of drink driving offences fell in the first quarter since the lower limit came into force in Scotland. These statistics show that the new lower limit has helped to make our roads safer while bringing Scotland into line with almost every other country in Europe.

“We are determined to end the tragedy of deaths caused by drink driving, and if this new law saves one life, then it will be a success. The aim of the lower drink drive limit has always been to result in less drink driving, not more people convicted. Alcohol at any level impairs driving, which is why our message is if you’re driving, the best approach is none.”

Road Traffic Accidents

If you are involved in a road traffic accident through no fault of your own and suffer serious injuries as a result of recklessness, negligence or through illegal driving, our team of solicitors can help. Road traffic accident can result in serious injury and we believe that you have the right not only to take legal action but obtain compensation for your injuries.

Contact Us

If you wish to get advice or representation from our personal injury lawyers, contact us today using our online contact form.