Nicola Edgar
Nicola is a Partner at Morton Fraser MacRoberts LLP. She is an accredited specialist in personal injury law and certified by the Law Society of Scotland as a trauma informed lawyer. She is also highly experienced in dealing with clinical negligence litigation.
Acting on behalf of both pursuer and defender clients, Nicola specialises in high value, complex claims with a particular focus on fatal claims. She regularly acts on behalf of individuals, large scale insurers, commercial clients and public sector clients and advises on a wide variety of claims including those involving employers' liability, public liability, cycling accidents, motor accidents, occupational disease and accidents abroad. She has successfully resolved medical negligence claims following delayed and missed diagnosis, together with negligent treatment.
Nicola deals with pre-litigated cases in which she focusses on negotiating satisfactory settlements on behalf of her clients. If an agreement is not reached, she provides sturdy advice based on her extensive experience of conducting cases in both the Court of Session and the Sheriff Court. Nicola also has experience of dealing with Health and Safety litigation and has been involved in a number of major Fatal Accident Inquiries.
Nicola regularly writes on legal developments and she is also a Tutor on the postgraduate Civil Litigation course on the Diploma in Legal Practice at Glasgow University.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 2009
Experience
- University of Glasgow, Civil Litigation Tutor, Diploma in Professional Legal Practice (2019 - 2021)
Membership
- Law Society of Scotland
Qualifications
- Diploma in Legal Practice (2007)
- Law degree (2006)
- Bachelor of Arts, Politics and French (2004)
Education
- Strathclyde Law School (2007)
- University of Glasgow (2006)
- University of Strathclyde (2004)
4 Contributions by Nicola Edgar
PRACTICE NOTES
Commencing Civil Proceedings in Scotland: Prescription and Limitation, Pre-action Investigations, Choice of Forum and Procedure, Protocols and Service
This Practice Note
This note sets out the substantive and procedural points to address when beginning a civil action in the Scottish courts. It covers:
prescription and limitation considerations
enquiries to carry out before raising proceedings
the jurisdiction of the Court of Session and the sheriff courts, and forum choice
specialist rules applying to particular categories of action
pre-action protocols relevant to certain types of claim
service of the action
The note is intended to be neutral regarding procedural rules. It should be read alongside the applicable rules and any practice notes on specific procedures. For an overview, see: Scottish DR: courts and civil procedure—overview.
For guidance on issues to evaluate before bringing a civil claim in Scotland, and on initiating and advancing a claim, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview, each of which links to more detailed guidance.
For the position in England and Wales, see: Starting a claim—overview which, as well as giving an...
Dispute Resolution
PRACTICE NOTES
Post-defences case management in Scottish civil litigation: Court of Session and sheriff court procedures for ordinary, personal injury and commercial actions through to debate, proof or jury trial
Civil justice reform
Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date guidance on the rules and practice of the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. The Practice Note sets out the steps for advancing a civil claim in Scotland from the lodging of defences through to the fixing of a substantive hearing (whether a legal debate or a proof/proof before answer/jury trial). Scottish civil procedure features a range of distinct procedural regimes, shaped by the type of claim and the forum. Many of these regimes focus on case management. The Practice Note examines the particular procedural rules for the following common procedures in both the Court of Session and the sheriff court:
ordinary actions
personal injury actions
commercial actions
Procedure in the sheriff court is addressed more briefly, reflecting its parallels with the equivalent Court of Session process (especially under the newer personal injury and commercial rules). The Practice Note does not cover procedure by petition under RCS, Ch 14...
Dispute Resolution
PRACTICE NOTES
Scotland’s Compulsory Personal Injury Pre-Action Protocol for Claims under £25,000: Scope, Stages, Timescales, Settlement and Expenses Sanctions
Background
In 1995, at the beginning of his examination of the civil justice system in England and Wales, Lord Woolf concluded that the principal difficulties were cost, delay, and complexity. As pressures on the modern justice system grew, the prevailing rules and procedures proved unsustainable and inefficient. Following his review, Lord Woolf issued a series of recommendations in his final report and, consequently, the civil justice system underwent substantial reform. A key change was the introduction of compulsory pre-action protocols for various categories of proceedings, including personal injury matters. These protocols are a body of rules addressing how parties should behave before litigation commences. Their primary objective is to foster the early and full exchange of documents and information about a potential claim, in the hope that settlement can be reached without court action. They were intended to avoid litigation where possible or, at the very least, to reduce the issues in contention. In 2005, the Law Society of Scotland introduced a pre-action protocol for personal injury claims in Scotland. However, because it lacked a statutory basis, compliance was not obligatory. Its scope was confined to claims...
PI & Clinical Negligence
PRACTICE NOTES
Scottish pursuers’ offers: procedure, making, acceptance, withdrawal, late acceptance, and expenses/interest consequences (50% uplift) under RCS 34A and OCR 27A
Practice Note on pursuers’ offers in Scottish civil litigation
This Practice Note focuses on pursuers’ offers within Scottish civil proceedings, preserving the core guidance and context provided...
Further guidance
Judicial tenders: see Practice Notes—Tenders in Scottish civil litigation—nature, purpose and expenses implications; Making and responding to judicial tenders in Scottish civil litigation; and Tenders in multi-party Scottish civil litigation
Expenses and taxation: see Practice Note—Judicial expenses and taxation in Scottish civil litigation
ADR: see Practice Note—Alternative dispute resolution in Scotland
Other key areas of Scottish law and procedure: see our Scotland collection
Closest equivalent in England and Wales: see Part 36 offers—overview, which links to detailed guidance on various aspects, including Precedents, on Part 36
Key
RCS—Rules of the Court of Session 1994
OCR—Sheriff Court Ordinary Cause Rules 1993
Provisions highlighted in this Note are of particular importance; however, readers should consider the rules in their entirety...
Reintroduction of pursuers’ offers in Scotland
From 3 April 2017, formal pursuers’ offers were reintroduced for ordinary procedure (including personal injury) in both the Court of Session (RCS, Ch 34A) and the Sheriff Court (OCR, Ch 27A) in any case...
Dispute Resolution
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