In a Summary Cause action, the Pursuer claimed damages following an incident in which his parked vehicle was struck and damaged by a vehicle driven by the Defender's employee. It was not disputed that the Pursuer needed a replacement vehicle. He hired a vehicle for 19 days at a cost of just under £5,000. Although prepared to pay the cost of repairing the Pursuer’s vehicle, the Defender disputed liability to pay the cost of an engineer’s report and also part of the hire char ...
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The Pursuer (aged 38 at Proof) raised an action of damages following a road traffic accident in October 2006. The Defender admitted liability but quantum could be not be agreed. The Pursuer was diagnosed with a whiplash injury and was prescribed painkillers. For about 2 months after the accident, the Pursuer suffered pain in her neck and had to take painkillers. The pain gradually settled over the following 5 months and the Pursuer’s symptoms had resolved fully within a year. As a result o ...
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WORKING TIME REGULATIONS - Holiday Pay Entitlement to minimum paid holiday leave can be subject to fairly operated statutory or contractual notice requirements to an employer.
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Outer House: Preliminary proof; The pursuer and Defender (the third party was not present or represented) conducted a preliminary proof in respect of their contractual relationship. In particular, the defenders had, over a period of years, provided rivets to the pursuers following the conclusion of multiple contracts of sale for rivets. The issues in dispute before proof were in respect of the defenders' and the pursuers' standard terms incorporated in each individual contracts of sale; whether ...
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Appeal; Dangerous Dogs Act 1991; the owner of a staffordshire terrior dog was convicted of injuring the complainer when the dog became involved in a fight with the complainer's Scottie dog. For a period of about 8 minutes, the staffordshire terrior refused to respond to any commmand or enticement by the appeallant or by the complainer whilst biting the Scottie. The complainer attempted to put her hand between the two dogs and was bitten by the staffie. Appeal by stated case; sheriff; Appellant m ...
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Appeal Against Convictions: Appellant appealed against convictions for contravention of Section 6 of the Criminal Law (Consolidation) (Sc) Act 1995, a charge of indecent assault and two charges of assault to injury. The first ground of appeal was that the appellant was denied a fair trial as a result of the respondents failing to disclose information relating to precognitions which were taken of the two complainers. Disputed; whether the failure by the Lord Advocate to release early precognition ...
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Appeal of Conviction: Appellant was convicted of assault of several individuals with weapons including a baseball bat, hammer and knife. The appellant owned a farmhouse property which he had leased to a charitable institution, Lydia Trust Associates. The charity used the subjects as a residential rehabilitation centre for recovering drug addicts. The apeallant held a meeting at the farmhouse with the charity in an attempt to bring the lease to a premature end. The meeting was unsuccessful and th ...
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Note of Appeal Against Conviction; appellant appealed a conviction of raping a girl who had been extremely intoxicated. Forensic evidence was provided to the effect that vaginal swabs had been taken from the compainer and penile swabs from the appellant. No blood or semen was found on the vaginal swabs. These were not sent for DNA examination. Cellular material was found on the penile swabs and these were sent for DNA examination. DNA matching the compainer was found on the penile swabs. This wa ...
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Bill of Suspension; the complainer brought a bill of suspension at this Appeal hearing. At trial, the accused was charged with contravention of section 5(1)(a) of the Road Traffic Act 1988. She contended that she had not been given the option of having a urine test, although agreed that she was over the legal alcohol limit according to the breath test and had indeed been offered the option of a blood test. The sheriff preferred the evidence of the officers that she had been given the option of a ...
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Interpretation and effect of a clause in a lease of land. Clause granting tenants an option to purchase. The lease was granted allowing the tenants to 'occupy and use the subjects for the development of a pay and play golf course....and no other purpose without the consent of the Landlords'. Clause 18.2 granted the tenants an option to purchase the land and provided determination of how the Option Price should be established. Following one attempt by the tenants to purchase the land, they later ...
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