By Euan Dow on 07/05/2008 10:12
Reparation - Proof:- The pursuer, a 66 year old man, worked on and off as a fitter between 1956 and 1974 in the shipyards at Renfrew. At various times during his periods of employement in the shipyards the pursuer was employed by the seven defenders. During his employment with them, the pursuer experienced exposure to asbestos sufficient to cause asbestos disease and this was admitted by the defenders. The defenders were all agreed that the appropriate apportionment, in the event of liability be ...
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By Euan Dow on 24/04/2008 07:17
Reparation - Procedure Roll:- On 7 July 2002 an oil rig supply vessel belonging to the pursuers was damaged by fire whilst it was berthed in Peterhead. In this action the pursuers sued the defenders for damages claiming that the fire resulted from the negligence of their employees when they removed residue from the vessel's oil tank and disconnected pipes causing base oil flowed back from the pipes and ignite on coming into contact with a hot engine after the vessel's main engines had been start ...
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By Euan Dow on 09/04/2008 09:09
Contract:- In September 2001 the pursuer and her husband went on a coach holiday in Switzerland and Italy. On the last day of her holiday the pursuer tripped on a carpet in the coach and injured her ankle. The pursuer raised an action against the defenders with whom she had entered into a contract to provide a holiday. The action proceeded to proof on 11-13 July 2006 before Lord Dawson who made avizandum. On 11 June 2007, Lord Dawson died while the case was still at avizandum. On 26 June 2007, t ...
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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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