By Euan Dow on 20/03/2008 17:07
Reparation - Proof:- The pursuer was employed by the defenders as a social worker. The pursuer had a desk bound job in which she claimed that she developed a pain in her neck from stretching and twisting to use a computer that she shared with a colleague and which was situated on an adjacent desk. The claim was based on the defenders' breach of inter alia regulation 11 of the Workplace (Health, Safety and Welfare) Regulations 1992 (SI 3004), which requires workstations to be suitably arranged. L ...
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By Euan Dow on 20/03/2008 17:03
Reparation - Appeal from the Sheriff Court:- On 12 January 2000, the pursuer was injured while working as a nurse in the National Health Service at Canniesburn Hospital. The pursuer's injuries were caused by the negligence of an employee of the defenders for which they were vicariously liable and the issues at the proof before the Sheriff and on appeal related to quantum only. The Sheriff awarded a total of £315,306.45. The defenders challenged the award under each head of claim. The pursue ...
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By Euan Dow on 12/03/2008 11:15
Reparation:- On 5 October 2002, the pursuer was injured when working in a warehouse at 137 Shawbridge Street, Pollockshaws, Glasgow. The second defenders were the owners of the warehouse. The first defender was a director of the second defenders. At the time of the accident, the pursuer had been working at the warehouse for around four weeks. Whilst the pursuer was removing some of the pipes of the sprinkler system and some of the buckled beams from the roof space of the warehouse the pursuer fe ...
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By Euan Dow on 05/03/2008 11:32
Reclaiming Motion:- On 10 August 2001 James Mitchell, aged 72, died as a result of an assault by his neighbour James Drummond. On 12 July 2002 Drummond pled guilty to culpable homicide. In 2003, the deceased's widow and daughter raised this civil action of damages against Glasgow City Council in respect of the death as the defenders had been the local authority landlords of both the deceased and Drummond and the defenders had been aware of Drummond's threatening and aggressive behaviour towards ...
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By Catherine Hart on 21/02/2008 19:56
Action for Damages – Solatium - Road traffic accident – Causation - Pursuer having suffered whiplash type injury, although vehicles she was in The Pursuer was a passenger in a private hire vehicle, which was stationery at a junction when it was struck on the rear bumper by the Defender's vehicle. There was no damage to the private hire vehicle. The Pursuer sought solatium for a whiplash injury sustained as a result of the collision. The Defender accepted that the acciden ...
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By Euan Dow on 21/02/2008 09:12
Proof:- On 18 May 2001 members of the Glasgow University Geological Association were travelling, in two minibuses, northwards on the A9 in Perthshire. The front minibus collided head-on with an ex-military Land Rover driven by the first defender. In the minibus the pursuer was seriously injured and four other occupants, including the driver, were killed. The driver of the Land Rover was also badly injured. The second defender was the driver of a Honda CRV vehicle, which had been previously trave ...
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By Euan Dow on 13/02/2008 10:19
Reparation - Procedure Roll:- On 28 April 1999 the pursuer was injured following a road traffic accident after the rear tyres of the vehicle he was driving, a mini-coach, failed, causing the coach to lose control and overturn. The pursuer sought damages of £25,000 damages against the defenders for the injuries he suffered. The case called on the procedure roll on the defenders' first plea-in-law to the relevancy of the action. The pursuer averred a manufacturing defect in a tyre or, alternativel ...
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By Catherine Hart on 17/01/2008 21:04
Reparation - Third Party claims settled - Right of Relief - Constitution of the Debt essential prerequisite - NCB v Thomson followed The Pursuers/Appellants were the Defender/Respondent’s employers. The Pursuers offered to prove that, on two occasions, the Defender had driven a bus belonging to the Pursuers without exercising reasonable skill and care and, as a result, had collided with third party vehicles. The Pursuers had settled the third party claims on the ...
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By Martin Crawford on 17/01/2008 13:30
Appeal – Court of Session – exclusion of appellant from respondents’ list of ophthalmic opticians. Tribunal decision that appellant had caused detriment to health scheme. Appellant was an ophthalmic optician held to have secured financial or other benefits from false and inaccurate claims on forms submitted to the respondents in respect of provision of spectacles to patients. Appeal on point of law. Appellant argued that all fraudulent acts took place seven years beforehand, £1 ...
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By Rachel Henry on 10/01/2008 17:36
Reparation – This action related to a road traffic accident. Liability was admitted by the defenders and the only issue was the quantification of damages. While the proof ranged over a wide area, in their submissions counsel identified and focussed the matters in dispute and the court was able to concentrate on those relatively few issues. It was not in dispute that the pursuer's problems up to March 2006 could be attributed to the road traffic accident, and that after that date cervical s ...
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