This was an appeal against a Sheriff’s decision in respect of an action of damages for personal injuries, in which absolvitor was granted after defences were lodged but before proof was allowed. The Sheriff had rejected a Note of Objections to a Report by the Joint Auditor of Court (dated 14 August 2009) on the defenders’ account of expenses. The issue at appeal was the allowance of the cost of defenders’ reports from experts who were not certified by the Court as a ‘skilled person’.The Sheriff ...
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The petitioner was a national of Nigeria, who had entered the UK in December 2006, having been granted a visitor’s visa for six months. After the expiry of this visa, the petitioner did not return home and became an “overstayer”, during which time he formed a relationship with his now fiancée. Because of their joint concerns about his immigration status, the petitioner sought legal advice from a Scottish solicitor, who advised him to return to Nigeria and make a fresh appl ...
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The pursuer sought damages for professional negligence arising out of the alleged mishandling of his unfair dismissal claim by his solicitor. At this debate, the defender submitted that the pursuer’s action was incompetent, and was moreover irrelevant and lacking in specification. The defender submitted that the pursuer’s failure to lodge a closed record in proper form could justify dismissal of the action under Rule 22.3(2) of the Rules of Court. In reply, the pursuer (who had bee ...
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In this reclaiming motion, the pursuer and reclaimer appealed against an interlocutor of the Lord Ordinary, who had dismissed her petition for judicial review. The reclaimer had sought review of a decision of the Lord Advocate to refuse to order a public inquiry under section 1(1)(b) of the Fatal Accident and Sudden Death Inquiries (Scotland) Act 1976 and to review the failure of the respondent to hold an inquiry, compatible with the requirements of Article 2 of the European Convention on Human ...
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The parties entered into an agreement in May 2005 whereby the pursuer (and appellant) was to design and construct a timber framed riding arena for the defenders (and respondents). First Instance Proceedings: The pursuer sought decree for payment of outstanding sums. He averred that the price agreed was to be the amount it would cost him to build the arena and that it cost him £53,219.57 to do so. The defenders submitted that the price was to be £21,000 as well as any sums for additi ...
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The pursuers carried on a fish farming business in Shetland and in October 2007, had taken out a contract for insurance in respect of the mortality and physical loss of Atlantic salmon farmed by them. In November 2008, it was averred that Atlantic salmon owned by the pursuers had suffered an infestation of sea lice. In March 2009, the pursuers intimated their claim to the defenders, to be indemnified under the terms of their contract of insurance. One of the eight specified Perils under the in ...
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In February 2007, the first pursuer and her husband stayed overnight in a caravan belonging to the first pursuer’s brother. The caravan had a gas heater. During the night carbon monoxide from the flue of the heater re-entered the caravan. The first pursuer and her husband sustained carbon monoxide poisoning. The first pursuer's husband died and the first pursuer suffered injury. The first pursuer claimed damages for her personal injury and for the death of her husband; the two sons and one ...
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The petitioners were the joint administrators of Martin Groundland & Co Ltd. In respect of the first accounting period, the petitioners had submitted their accounts of intromissions with the company’s assets and their claims for (a) outlays reasonably incurred by them (in the sum of £1,394.75 plus VAT) and (b) for their remuneration (£517,581.00 plus VAT). Two of the three members of the creditors’ committee of the company refused to approve the petitioners’ claim ...
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The petitioner was a national of Nigeria who had arrived in the UK in November 2007 and subsequently claimed asylum on the ground that she feared persecution. This claim for asylum was rejected by the respondent, and was upheld on appeal to an Immigration Judge in April 2009. At that hearing, the Immigration Judge noted that he did not find the petitioner’s account to be credible and raised suspicions surrounding the possibility that the petitioner may have been trafficked to the UK for th ...
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In this action, the pursuers (who were the successors to the rights and claims of Girobank plc) sued the defenders for breach of contract. The defenders were chartered surveyors, who had provided Girobank with a valuation report in respect of certain properties in October 2001. The pursuers argued that the defenders had breached their contract, through failing to exercise reasonable skill and care to be expected of ordinarily competent chartered surveyors providing such a valuation report. The ...
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