By Catherine Hart on 06/12/2007 19:25
Action for Damages - The Occupiers' Liability (Scotland) Act 1960 - Failure to maintain Fence in Park - Contributory Negligence The Pursuer raised an action for damages against the Defenders under The Occupiers Liability (Scotland) Act 1960, sections 1 and 2 as owners and occupiers of her local park after she fell into a stream in the park in the early hours of 1st January 2000. She suffered bruising to her head, arms and body. She also fractured her cervical spine and required subsequent ...
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By Euan Dow on 06/12/2007 16:59
Reclaiming Motion:- On 5 May 2001 a car driven by Miss Rogerson, the first defender, with her boyfriend Mr Thomson as the front seat passenger, and a three year old girl, Sarah Clegg, in the back seat, attempted to cross a level crossing. The crossing was operated by Network Rail, the second defenders. A train struck the car and Mr Thomson was killed and Sarah Clegg was seriously injured. Her parents, Mr and Mrs Clegg, the pursuers, were following in another car and in this action they sought da ...
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By Euan Dow on 06/12/2007 16:21
Reparation - Additional Fee:- On behalf of the pursuer a motion was enrolled to allow inter alia an additional fee in terms of Rule of Court 42.14 (3) (a), (e) and (g). The motion, in relation to the additional fee only, was opposed by the defenders. It was submitted on behalf of the pursuer that (1) the circumstances of the case demonstrated complexity in that the particular type of medical negligence focussed upon was unusual and there was a difference of view even amongst the pursuer's own ex ...
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By Euan Dow on 28/11/2007 18:42
Reparation - Debate:- In this action the pursuer sought damages in respect of alleged bullying and harassment at her work between early 2000 and late 2001. During that period the pursuer was employed as a prison guard by the Scottish Prison Service and her claim comprised solatium for anxiety, distress and psychiatric illness, together with a continuing loss of earnings in the period after she was medically signed off work from 31 October 2001. The pursuers case was based on: (1) a complaint aga ...
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By Catherine Hart on 15/11/2007 20:31
Action for Damages - Pleadings - Relevancy and Specification - Protection from Harassment Act 1997 In an action for damages against his former employers, the Pursuer averred that he had been harassed by a fellow employee (H) to such an extent that he had suffered psychiatric illness. His claim was based on 3 grounds of action. He maintained that H’s conduct amounted to harassment in terms of the Protection from Harassment Act 1997, for which the Defenders were vicariously liable. The Defe ...
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By Catherine Hart on 08/11/2007 16:53
Medical Negligence - Failure to treat MRSA infection - Damages - Solatium - below knee amputation The Pursuer was injured in a quad bike accident. He was admitted to Borders General Hospital and was found to have suffered a displaced fracture of his right tibia. Following a surgical procedure, and while the Pursuer’s leg was still in plaster, a fracture blister developed, which subsequently became infected with MRSA. There was a delay in admitting the Pursuer for intravenous antibiotic treatmen ...
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By Euan Dow on 01/11/2007 17:03
Reparation – Procedure Roll:- In this action the pursuer sought damages from her employers for psychiatric injury suffered during her employment. The claim stemmed from her job as a teacher during which it was averred that she suffered psychiatric injury in the form of an adjustment disorder with mixed anxiety and depressive reaction due to problems she had with her pupils over a period of time. At debate it was submitted on behalf of the defenders that the action should be dismissed because (1) ...
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By Euan Dow on 24/10/2007 13:30
Reparation - Debate:- In this action the pursuer sought damages for injuries sustained by her son who was born in October 1999. It was averred that the obstetrician in charge of her antenatal care failed at an early stage to take the proper course namley that on three distinct occasions resort she should have had a caesarean section that would have produced a healthy child and due to the normal delivery that was undertaken the result was shoulder dystocia, deprivation of oxygen and resultant inj ...
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By Euan Dow on 24/10/2007 13:27
Reparation - Proof:- In this action the pursuer sought damages following an accident on 28 October 2004 when he was knocked off his bicyle by the driver of a minibus who worked for the defenders. The outcome of the case turned on who was ahead at the junction where the accident took place. It was the pursuer's position in evidence that he was ahead of the bus and, when he reached the junction, saw nothing coming and went round to his left. The pursuer said that the bus followed him, tried to ove ...
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By Euan Dow on 24/10/2007 11:29
Reparation - Allowance of Issues:- In this action the pursuer sought damages following an accident at work in April 2004 when the pursuer sustained serious injuries to his right leg when he fell through a gap in a walkway in the course of his employment with the defenders. The defenders conceded liability to the pursuer but also sought relief against a third party. The action was based on allegations of both common law fault and breach of statutory duty. Here the pursuer sought allowance of issu ...
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