North of the Border: animals acts: don't give a dog a bad name
As readers will be aware, north of the border, unlike in England the pre-action protocol for personal injury claims is entirely voluntary and has no statutory basis. Many insurers and claimants firms are signatories to the protocol and have found it helpful in avoiding litigation. However, even when the protocol is used there are many instances where claims are raised prematurely or without proper negotiation.
As the protocol is voluntary there is no inbuilt court sanction for unreasonable behaviour. But the recent Court of Session case of James McIlvaney v A Gordon & Co (2010) illustrates that, while the
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