Nicola Edgar

Partner, Morton Fraser MacRoberts LLP

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.

Contributed to

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Progressing and case managing a civil claim in Scotland

Practice notes

This Practice Note discusses the steps to be taken in progressing a civil claim in Scotland after the lodging of defences to the fixing of a substantive hearing such as a debate or proof. The Practice Note covers the key initial stages of ordinary actions in the Court of Session (including the open record, adjustment period and closed record) and in the sheriff courts (including the options hearing). It also provides an overview of personal injury actions in the Court of Session and sheriff courts, touching on the timetable and deadlines for lodging statements of valuation and minute of pre-trial meeting. Finally, it considers commercial actions in the Court of Session (including the Preliminary Hearing, Procedural Hearing and Joint Meeting) and sheriff courts (including the case management conference).

Dispute Resolution

Pursuers’ offers in Scottish civil litigation

Practice notes

This Practice Note considers pursuers’ offers in Scotland. It offers guidance on how to make a pursuer’s offer, how and when to accept a pursuer’s offer, how and when pursuers’ offers can be withdrawn and the financial implications on expenses of rejecting a pursuer’s offer or accepting it out of time.

Dispute Resolution

Starting a civil claim in Scotland

Practice notes

This Practice Note provides an overview of the substantive and procedural considerations that should be addressed when commencing a civil action in the Scottish courts, including prescription and limitation of actions, pre-action investigations and requirements (protocols), choice of forum and the jurisdictional limits of the sheriff courts and Court of Session, specialist rules and procedures, and service of the action.

Dispute Resolution

The Scottish Personal Injury Pre-Action Protocol

Practice notes

This Practice Note reviews the key objectives of the Scottish Pre-Action Protocol for Personal Injury claims which came into force for accidents occurring on or after 28 November 2016. The scope of the protocol and its rules are considered in detail as well as the practical issues practitioners need to be aware of when dealing with claims which fall under this protocol.

PI & Clinical Negligence