The Pursuer entered into a hire purchase agreement with the Defenders in relation to a car. 3 months later she signed a Trust Deed. She then raised proceedings seeking an order in terms of the Consumer Credit Act 1974, section 140B(1)(e) to set aside the duties imposed on her under the hire purchase agreement, including repayment of the sums she had paid and the return of ownership of the car to her. The Defenders counterclaimed for delivery of the car and for interdict to prevent the Pursu ...
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This decision concerned the issue of expenses following the Sheriff’s decision on 23 April 2008 (see Casecheck summary). The First Defenders sought the expenses of the action against the Pursuers on an agent/client basis, rather than a party/party basis, arguing that the conduct of the litigation was such that expenses should not be restricted to the judicial scale. They put forward a number of arguments in support of this motion. It was submitted that the Defenders had ...
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Issue of Limitation not a Preliminary Issue: Master Fontaine held that limitation in respect of claims made out of time by alleged victims of child abuse should be determined at a full trial rather than as a preliminary issue. There would be a large overlap between the evidence to be given in respect of the limitation issues and in respect of the liability and quantum issues, it was difficult to say that there would be any significant saving of costs. It would be very difficult for a Judge to ex ...
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The Pursuer sought damages for losses sustained as a result of the Defenders’ alleged failure to clear pathways of snow and ice. The Pursuer sought to amend the Record. The Defenders opposed the amendments insofar as they attempted to introduce new matters at a late stage in the procedure. The Minute of Amendment contained averments about a previous accident and the Sheriff decided that the Defenders’ objection to that amendment was well founded. It was absurd to expect the Defenders ...
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Following the discharge of a Proof, the parties agreed that the Defenders should meet the expenses of the discharged Diet. The Pursuer’s Account of Expenses was taxed by the Auditor and the Defenders lodged a lengthy Note of Objections seeking substantial abatements of the expenses. Among other points, they argued that the Pursuer was only entitled to expenses necessitated by the discharge of the Proof and not items that could properly be regarded as for the general furtherance of his case ...
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No Default Judgment where Defendant Served Acknowledgment of Service Late: In a situation where default judgment was sought against a number of Defendants simultaneously, Blair J. granted default judgment in respect of those Defendants who had been duly served and had filed neither an acknowledgment of service or a defence. He refused, however, to grant default judgment in respect of one of the Defendants who had filed an acknowledgment of service late and applied for an extension of time. It wa ...
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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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