Scottish claims and litigation

In recent blogs, we have considered the Scottish Government’s plan for a statutory redress scheme. One of the evolving issues is whether engagement with the statutory scheme should be to the exclusion of a claimant’s ability to issue civil court proceedings. Scottish Government is committed to establishing the legislative framework for a redress scheme before the end of March 2021.

Continue reading

Update on Scottish Redress and immediate changes to the Advance Payment Scheme

Readers of this blog will be aware that the Scottish Government has committed to establishing a statutory redress scheme before the end of March 2021.

A pre-legislative public consultation on financial redress for historical child abuse in care opened on the 2 September 2019 and closed on the 25 November 2019.

Continue reading

Mr Justice Colton appointed to head NI Redress Panel

The Lord Chief Justice in NI, Declan Morgan, has appointed Mr Justice Adrian Colton to be the President of the new Redress Board.  Mr Justice Colton was called to the Bar in 1983 and appointed QC in 2006.  He was appointed to the High Court bench in 2015.

In 2016 he was appointed Presiding Coroner for NI and took responsibility for overseeing the management of inquests around controversial killings in Northern Ireland.

In 2017 he was appointed Senior Criminal Judge.

Continue reading

Queen’s speech indicates intention to address HIAI Redress and other recommendations

While the Queen’s speech delivered on Monday 14 October indicated a number of headline grabbing initiatives around the Brexit process and progress, education, security and so on there was a small section of interest to the Victims and Survivors of Institutional abuse.

Continue reading

Scottish Government – Public Consultation – Proposals on redress payments, evidence and assessment

In our last blog we looked at the general overarching principles of the proposed statutory financial redress scheme (“the Scheme”) in Scotland.

In today’s blog we intend to look at the proposed redress payments, what evidence will be required and how the redress payable will be assessed.

It is the Scottish Government’s intention that the Scheme will provide for a combination payment approach which could have two possible stages much like the Lambeth Redress Scheme.

Continue reading

Proposed extension and general update on Lambeth Redress Scheme

An updated report on the Lambeth Redress Scheme (LRS) was presented by Lambeth Council at a Cabinet Meeting on the 16 of September.

The report provides an update on the working of the (LRS) up to the end of June, 2019 which is half way through the period of time that the LRS was to be open to receive applications the Scheme was originally due to close on the 1 January, 2020.

Continue reading

Scottish statutory “in care” redress scheme

Today, Scottish Government launched a pre-legislative consultation on a redress scheme for childhood abuse in care.

A link to the consultation webpage is here. The consultation closes on 25 November 2019. Scottish Government has committed to introducing a Bill for a redress scheme in spring 2020 and for the legislation to be passed, assuming parliamentary approval, before March 2021. Royal Assent and possibly also a commencement order would then be needed to bring the Act’s provisions into force.

Continue reading