This decision related to whether the author of a number of reports, Dr Kevin Irvine, should be certified as a skilled witness. The issue arose in several personal injury actions in which damages were sought because of prison conditions and the effect of those conditions on prisoners (often referred to as “slopping out” cases). Dr Irvine had produced two styles of report and the vast bulk of each report was broadly similar. Dr. Irvine described himself as a 'medico-legal co ...
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Disclosure of Tomlin Order Necessary for Party to Determine Whether it was Released from Liability: Master Bragge held that the confidentiality of a Tomlin Order was not a sufficient ground upon which to refuse disclosure, although it was something that could properly be taken into account. However, in the circumstances of the particular case, the disclosure of the agreement was necessary because the question of whether or not the Claimant had been released from liability impacted upon the quest ...
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Procedure Roll - Action for personal injuries resulting from a fire in a tenement block. Rubbish in the communal area of the tenement had been set on fire. Pursuers suffered personal injuries as a result of jumping from the building. Disputed whether all or any of the defenders liable. The defenders moved for dismissal of the action or exclusion of certain averments from probation. Discussed: 1) whether first and fourth defender sufficiently linked to the property, 2) whether relevant case av ...
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Debate. Payment of damages sought as a result of defender's alleged negligence in carrying out duties as accountant and tax advisor. Debate on the defender's pleas-in-law which were, broadly, (1) the pursuer’s averments were lacking in specification as the sums concluded for did not include allowance for benefits which had accrued to the pursuer from postponement of paying of tax, (2) the pursuer’s averments were irrelevant as the sums concluded for did not meet conclusions, and (3) amendment ...
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Action for damages based on contract and delict. Pursuers owned agricultural centre and auction mart. They became aware of serious roofing failures and brought an action against the defenders for failures in contract and delict. Prescription and Limitation (Scotland) Act 1973 section 11. Debate on whether pursuers’ right had prescribed. Whether knowledge of roofing problem went beyond summarising, as a mere possibility, that the roof problems might be attributable to a culpable third par ...
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European Directive 2004/18/EC - Motion for interim order to suspend implementation of decision of the defenders’ executive committee to accept tender for lighting maintenance contract. In terms of the regulation, the pursuer was an economic operator and the defender was the contracting authority. The pursuer applied under Regulation 32(4) for reasons why the pursuer was unsuccessful in their tender. The pursuer claimed the defender failed to comply with 2001 Regulations as follows: 1)fail ...
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Judge Wrong to Refuse to Vacate Trial where Party Awaiting Disclosure: The Court of Appeal held that, having regard to the overriding objective, the judge had been incorrect to refuse to grant a defendant’s application to vacate a trial. The Appellant had realised that specific discovery of certain documents had not occurred and applied to the court on the basis that the Respondent had not given up the documents that were pertinent and required. The judge had held that the parties could comply w ...
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The Standard of Proof in Civil Claims: The House of Lords made clear that only two standards of proof are recognised by the common law: the balance of probabilities and beyond reasonable doubt. The test of the balance of probabilities was, however, flexible in its application: a court may have to look at the facts more critically or anxiously where there was an inherent unlikelihood of an occurrence taking place, a serious allegation or consequences following from the proof of the relevant fact. ...
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Adults with Incapacity (Scotland) Act 2000 - Appointment of welfare and financial guardians - difficulty in obtaining Bond of Caution An application was made by EF and GF to be the appointed both welfare and financial guardians of their uncle. In terms of the 2000 Act, the Sheriff had to fix caution for the value of the adult’s estate. This mandatory requirement could only be dispensed with if the guardians were unable to find caution, but were otherwise suitable to be appointed. Sheriff ...
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Appeal - Children's Hearing - Alleged breach of right to a fair hearing - Article 6(1) of the European Convention on Human Rights The Authority Reporter had presented an application to find whether grounds for referral of a child (MU) to a Children’s Hearing had been established. Following a Proof in relation to the application, MU’s father appealed to the Sheriff Principal arguing that his a right to a fair hearing under Article 6(1) of the Europea ...
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