Proof:- On 7 October 2007 the pursuer was driving his car on the M8 towards the Kingston Bridge in Glasgow. The pursuer slowed down to take heed of queuing traffic, and was close to stopping, when he was hit from behind by a van driven by the defender. The pursuer came to a halt and was again struck by the defender's van, pushing him into the rear of the car in front of him being driven by a Mr Cassidy which resulted in a scuff on his car’s rear bumper. The second contact between ...
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Here a motion was made on behalf of eleven individuals who claimed to have been diagnosed with bilateral pleural plaques caused by negligent exposure to asbestos and who had actions for loss, injury and damage in process or in immediate contemplation for leave to enter the process in terms of Rule of Court 58.8(2). The motion was opposed on behalf of the petitioners on the basis that Rule of Court 58.8(2) did not apply to those persons on whose behalf the motion was made and that it was not in t ...
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Proof:- On 27 January 2006, the pursuer, a 45 year old man at the time of the incident, was driving his scooter in Aberdeen when he lost control, fell and was injured. It was the pursuer’s contention that the accident was caused by a bus operated by the defenders, and driven by one of their employees acting in the course of his employment, travelling in the opposite direction to the pursuer which caused him to fall off. During the course of his evidence the pursuer stated that the bus was ...
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This motion for issues on behalf of the pursuer was opposed by the defender and the third party. On behalf of the defender it was submitted that in the particular circumstances of the case the matters in dispute were sufficiently complex that they would cause confusion to a jury and that amounted to special cause and that decision was a matter for the discretion of the Court. On behalf of the third party it was submitted that the case was sufficiently complex, particularly in relation to the iss ...
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This relates to a hearing in terms of Rule of Court 42.4(4) in respect of a Note of Objection for the pursuer to a Report by the Auditor of Court in relation to an account of expenses lodged by the solicitors for the pursuer in the action and related to the Auditor's disallowance of certain charges for precognitions, a fee for a medical report and pre-litigation work. It was submitted on behalf of the pursuer that the Auditor has misdirected himself and the fact that the solicitor had not himsel ...
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On 8 January 2007 the pursuer stepped off a pavement on Great Western Road, Glasgow into a pothole on the road, fell down and suffered an injury to her leg. The case was brought on the basis that the defenders had a duty to take reasonable care to maintain the road in a safe condition for persons who required to cross it. Quantum was agreed at £5,000. The only question at proof was whether or not the pothole had a depth of at least 40mm on the date that an inspection of the road had taken p ...
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The Pursuer raised an action of damages against the Defenders for loss and damage to her physical and psychological health. She claimed that the Defenders directly, and the teaching staff for whom they were vicariously liable, had failed to protect her from bullying. The Pursuer averred that she had been subjected to a systematic campaign of physical and verbal abuse from other pupils. This began at nursery and continued throughout both primary school and secondary school. At Debate, ...
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The pursuer is the mother of CK, born 11 May 1998, and sought reparation, as guardian for CK, from the defenders in respect of alleged negligence of anaesthetic and obstetric staff during the birth of CK, for which it was averred the defenders were liable as their employers. CK has cerebral palsy, is severely disabled and will have severe neurological impairment for the rest of her life. The issues for proof were restricted to liability and caustion. Here the court considered whether there had b ...
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The Pursuer’s daughter suffered an accident at Kirkcaldy Ice Rink in October 2007 when she was 12 years old. As she left the ice and stepped onto a walkway, her right skate became caught in some netting that was trailing on the ground. She fell and twisted her ankle. The netting was there to protect spectators from high flying ice hockey pucks. The netting was pulled back when not in use for ice hockey matches as it was not required during ordinary skating. The Defenders had a system for s ...
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Proof:- On 16 May 2004 the pursuer’s brother, Sean Milligan, was injured in a road traffic accident in Carluke when the car he was driving collided with a stolen van being driven by the defender who was under the influence of alcohol. The defender was thereafter convicted of a number of road traffic offences which resulted in him being imprisoned. The pursuer was appointed the financial and welfare guardian for her brother in March 2006. Here the pursuer sought reparation on behalf of her ...
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