By Catherine Hart on 23/07/2008 19:52
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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By Martin Crawford on 26/06/2008 10:11
Commercial action. Pursuers were developers of Braehead Retail and Leisure Development. The development included a lease to Odeon Cinemas for a “multiplex” cinema containing 12 auditoria. The pursuers contracted with the first defenders for building works to be carried out. Further, Odeon Cinemas own contractors were to carry out “tenant works” throughout the development. The defenders’ motion was to allow a counterclaim and to grant warrant to serve third party notices on four parties. Argu ...
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By Martin Crawford on 26/06/2008 09:58
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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By Martin Crawford on 26/06/2008 09:51
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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By Euan Dow on 26/06/2008 09:15
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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By Euan Dow on 26/06/2008 09:03
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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By Catherine Hart on 30/04/2008 18:46
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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By Catherine Hart on 30/04/2008 18:03
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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By Catherine Hart on 05/03/2008 12:07
Summary Cause - Action for payment – Application to sist– whether action should be sisted pending outcome of case in the English High Court. In a Summary Cause action the Pursuers sought recovery of advance on a Current Account from the Defender. The Defender lodged Defences and a Counterclaim for recovery of bank charges. The Pursuers decided not to insist on their claim, so the only remaining issue was the Defender’s claim for recovery of bank charges. T ...
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By Catherine Hart on 30/01/2008 20:26
Application for Appointment of Guardian – Adults with Incapacity (Scotland) Act 2000- Replacement of original Guardian - Expenses - Awarded against Solicitors personally In May 2006 an application was made under the Adults with Incapacity (Scotland) Act 2000 to appoint a son as Guardian in respect of the welfare and property and financial affairs of his mother("the adult").The application contained no averments about the suitability of the proposed applicant and the writ had to be retur ...
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