By Euan Dow on 11/06/2008 13:34
Procedure Roll:- The pursuer in this action was the executor nominate of Isabella Urquhart who died on 22 October 2005. As a firm of solicitors the defenders succeeded to the liabilities of the former partnership of Hunter & Robertson. In this action the pursuer sought damages as executor of the deceased, and contended that he had suffered loss and damage as a result of the negligence of the defenders' predecessors'. In 1975, the deceased and Mr Urquhart decided to separate and they agreed t ...
|
By Euan Dow on 03/06/2008 10:45
Motion for dismissal:- In this minute the defenders sought dismissal of the action on the basis of inordinate and inexcusable delay on the part of the pursuer in proceeding with the action. The pursuer raised a professional negligence action in 1998 against a consultant gynaecologist and a consultant plastic surgeon in connection with a rare congenital condition she suffered from which led to urinary symptoms for which she had sought medical treatment. The action was sisted on 28 May 1998 for fu ...
|
By Euan Dow on 23/05/2008 07:19
Proof - Professional Negligence:- The pursuer, a 51 year old man, was married in 1980 and he and his wife had four children. Following the birth of their fourth child in 1995 the pursuer decided to have a vasectomy. On 7 May 1996 he attended the Family Planning and Well Woman Clinic at 18 Dean Terrace, Edinburgh for a vasectomy under local anaesthetic. In this action the pursuer claimed that in the course of the operation he sustained injury as a result of the professional negligence of the surg ...
|
By Euan Dow on 23/05/2008 07:19
Proof - Professional Negligence:- The pursuer, a 51 year old man, was married in 1980 and he and his wife had four children. Following the birth of their fourth child in 1995 the pursuer decided to have a vasectomy. On 7 May 1996 he attended the Family Planning and Well Woman Clinic at 18 Dean Terrace, Edinburgh for a vasectomy under local anaesthetic. In this action the pursuer claimed that in the course of the operation he sustained injury as a result of the professional negligence of the surg ...
|
By Euan Dow on 25/02/2008 11:32
Procedure Roll - Relevancy of Pleadings:- This was an action by a developer against chartered surveyors arising out of alleged professional negligence in the preparation of a plan of a plot of ground. The defenders challenged the relevancy of the pursuers' pleadings at debate and sought to have the action dismissed. The pursuers sought to have the defenders' plea to the relevancy repelled. It was submitted on behalf of the defenders that the pursuers had not pleaded a relevant case that the defe ...
|
By Euan Dow on 20/11/2007 19:03
Professional Negligence – Procedure Roll:-The defenders acted for the pursuers when the pursuers bought a property known as Lakeside, Torphichan, West Lothian for £793,763 which they intended to live in it after the first pursuer's retirement. The pursuers plead that the solicitor failed to advise them of a burden in the Land Certificate which stated:- "THIRD [the subjects] shall be used as a single dwelling house in all time coming solely for the occupation of one person and his or her family … ...
|
By Euan Dow on 04/01/2007 00:00
Appeal by way of petition against a decision of the Scottish Solicitors Discipline Tribunal
Appeal by way of petition against a decision of the Scottish Solicitors Discipline Tribunal under section 54(1) of the Solicitors (Scotland) Act 1980. The decision in question related to a prior finding by the first respondents to the effect that the petitioners had provided an inadequate professional service to the second respondent in respect of, inter alia, a "failure to advise that two opinions had been received from Messrs Biggart Baillie and failure to exhibit both opinions to (the second ...
|
By Euan Dow on 15/12/2006 00:00
Procedure Roll - Prescription
In this case the pursuers sued a firm of solicitors for breach of contract and negligence. The main question here was whether the claim had prescribed by virtue of section 6 of the Prescription and Limitation (Scotland) Act 1973. The defenders argued that any obligation upon them had prescribed since there was concurrence of injuria and damnum at the date of execution of the lease on16 January 1990. The pursuers argued that they did not suffer any loss until 17 November 1999. The pursuers argued ...
|
By Euan Dow on 07/12/2006 00:00
Procedure Roll - Professional Negligence
In this case the pursuers sought reparation from the defenders, a firm of solicitors, in respect of their alleged professional negligence. It was submitted fro the defenders that the pursuer had no relevant averments to exclude the operation of Section 6 of the Prescription and Limitation (Scotland) Act 1973.It was submitted that the fault occurred when the disposition was granted in 1993. The present action was not raised until 2003. The court here considered when did the loss occur? Further, i ...
|
| 1 |