Debate:- In this action, the pursuers sought damages in respect of alleged professional negligence by the defenders, a firm of solicitors, whom, it is claimed, negligently omitted to incorporate certain terms into a sale and purchase agreement and a related contract of service. The contract giving rise to the claim was concluded on 11 July 1989, the claim was intimated on behalf of the pursuers on 18 September 1990 and a summons was served on the defenders on 7 July 1994. Here a debate took plac ...
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Action for damages for professional negligence. Advice, on an investment, had been given to the pursuers by a finance planning manager employed by the defenders. The investment amounted to one million pounds. The advice was to invest in Clerical Medical Premier Offshore with Profits Bond. Disputed, whether the defenders failed to advise of the possibility of a Market Value Adjustment ('MVA') being applied, were the Bond to be cashed earlier than 2012. Whether the defenders failed to mitigate the ...
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Proof:- The pursuer underwent a hysterectomy in December 1994 and thereafter developed symptoms of incontinence, for which she received extensive medical treatment. On 26 August 1999 in the course of an operation she suffered serious blood loss, which ceased only after pelvic vessel embolisation had been carried out following an emergency angiography which had revealed leakage of blood from a branch of the right iliac artery. In this action the pursuer claimed that her blood loss was caused by u ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 … ...
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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 ...
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