Scotland and England have separate legal systems meaning that there are a number of important differences between Scottish and English law.
Judicial interest on personal injury compensation
Scotland and England have different interest rates. In England the fixed rate is 2% whereas in Scotland the rate can be up to 8%.
When can the courts award interest from
In England, interest is only applied from the date of service of the court summons until payment. In Scotland, though, interest is usually awarded from the date of the accident until payment. Especially in claims where the personal injury has a high value or where the accident occurred a number of years ago, a claimant stands to get much more by way of interest on their award in Scotland than in England.
Where to sue
In a number of cases, the claimant will have the option of suing in either Scotland or England. Some examples of this would be:-
- If you have an accident in England whilst working for a Scottish based employer; or
- A claim involving a faulty product made in England where the claimant can sue either in England or in his local court.
Where the claimant has the option of suing in either Scotland or England, you should always consider the higher interest rate in Scotland when deciding where to sue.
How We Can Help
If you have sustained an injury and think you may have a claim please contact us to discuss the matter on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you right away.