Personal injury news

Personal injury solicitors accused of wasting court time

Personal injury solicitors have been criticised by a senior judge for wasting Court of Session time in a work accident claim.

43-year-old Marion McLaughlan pursued a claim against the Co-op after sustaining a back injury. She was lifting a tray of bread rolls when working as a supervisor in the Caol shop in July 2002 when the injury occurred.

Mrs McLaughlan claimed that she had not received training or instruction on how to safely carry out manual handling. But, training documents signed by the shop worker were produced in court.

She also admitted that her application for employment was misleading regarding her previous medical history and this did not work in her favour.

Consequently, Lord Hardie dismissed the case as he did not find the Co-op liable for Mrs McLaughlan's back injury.

He also criticised the personal injury solicitors who brought this case to the Court of Session, insisting it should have been dealt with at a sheriff court.

The judge asserted that: 'Personal injury claims with little monetary value that do not raise novel or important points of law are more appropriate to the sheriff court.'

Appropriate personal injury cases that have been previously heard at the Court of Session include claims for catastrophic injuries and claims by the widows and dependents in asbestos cases.