Dispute as to the costs associated with an order enforcing an arbitration award served out of jurisdiction. Held: The overriding objective to act in a cost-efficient and proportionate way applies not only to the court but also to the parties. The question is whether it was reasonable and proport......

No error in judge's decision to refuse to admit new expert evidence where there had already been a joint experts' report: The Court accepted that a DJ had been correct in refusing the C permission to rely on a new expert report on the eve of trial and where a joint expert report had alre......

Location of Defect in Highway Not More Akin to Pavement than Carriageway:On appeal, Swift J. held that the trial judge had been incorrect to find that the location of a defect in the highway where the Claimant tripped was more akin to pavement than carriageway. Although he had been entitled to find......

In an application for a third party costs order, where liability was conceded and there was no trial as to quantum, the claimant sought permission to cross-examine the defendants' witnesses for the purposes of a s. 51, Senior Courts Act 1981 application. Held: The general rule is that s. 51 ap......

Owner And Occupier Of Warehouse Owes Statutory Duty To Provide Safe System Of Work To Contractors' Employees:The Court of Appeal held that pursuant to regulations 4(2)(c) and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992, the owner and occupier of a warehouse owed a statutory du......

A solicitors' firm that released investment monies from its client account before establishing with certainty who the beneficiary was and acting only in accordance with the beneficiary's instructions was in breach of fiduciary duty as trustee on the basis of a form of resulting trust analog......

The Pursuer sought damages for alleged negligence on the part of the Defenders and also damages for alleged nuisance. A drainage ditch at the side of a public road ran alongside the Pursuer's fields. The Defenders were the local authority responsible for the management and maintenance of the road a......

Where there was doubt as to the interpretation of medical evidence in a trial to assess damages for past and future loss of earnings in a personal injury claim it was vital to the claim that the evidence was clarified, and in order to do so the matter would be remitted for reconsideration. ......

The Claimants retained a firm of solicitors to advise them as to a property redevelopment between 1998 and 2003. The project overran and incurred significant additional costs. The bank appointed receivers over the Claimant's hotel company's assets and then enforced personal guarantees again......

An application against a trustee in bankruptcy that he pay £200,000 to the estate as loss alleged to have been occasioned by the sale of a property at an undervalue failed. Following proceedings relating to the property the court ordered that it should sold for not less than £650,000. Tha......

Solicitors who delegated the task of obtaining medical reports to medical agencies did not absolve themselves of the responsibility to assist the court to ascertain whether the costs incurred were reasonable and proportionate. In conjoined appeals the claimants been involved in road traffic acci......

Requiring notice from a party that intended to place reliance on hearsay evidence within an agreed court bundle was undesirable.The court held that in essentially straightforward litigation, where a party intended to place reliance on hearsay evidence, the best option might be to ensure that an opp......

The Court of Appeal held that the judge had been entitled to award the successful defendant to an action for fraudulent misrepresentation only 65 per cent of her costs on account that she had failed on several issues at trial. Pursuant to CPR r.44.3(4)(b), the court must have regard to the extent t......

In an unsuccessful application for an interim injunction relating to supplies of patented medicine, the defendant sought costs on an indemnity basis.Held: There has to be something wholly unreasonable and conduct far outside the norm to justify awarding costs against an unsuccessful party on an ind......

Solicitors who acted in various property transactions were not liable to their clients for professional negligence, or for any breach of fiduciary duty or breach of trust. The client's agent had actual or at least ostensible authority to act on behalf of the client. The scope of their retainer did ......

Surveyors: In a case of alleged mortgage fraud, summary judgment was appropriate where the Defendants had not offered a positive case in response to the alleged over valuation and there were no prospects of obtaining any assistance from the individual surveyor involved. ......

The pursuers (and appellants) were the Child Maintenance and Enforcement Agency. The defender (and respondent) had allegedly failed to make child maintenance payments to the pursuers under a Liability Order dated 21st May 2008. First Instance Proceedings: This was an appeal in a summary applic......

Application requesting the court exercise its discretion under s.19A, Prescription and Limitation (Scotland) Act 1973 after a timeous action for damages in an upper limb claim failed. S. 19A was invoked to a material degree out of the conduct of the pursuer's legal representatives. The court no......

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, dist......

The Appellant submitted that the judge had failed to make findings about what a motorist failed to do or did which constituted a breach of duty after she was found negligent for pulling out from a minor road into a motorcyclist. It was held that the judge had directed herself correctly when she had......

Proof on liability:- The pursuer was the father and guardian of Thomas Brown, who was born on 13 August 1992. On 3 April 2003, Thomas was a pupil at Ladywell School, Motherwell. On that day, he was engaged with 2 other pupils in painting a large sheet of paper on the floor of a classroom. The child......

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,......

A Judge exceeded the ambit of his discretion in the way he dealt with costs where the unsuccessful claimant's after the event insurance was insufficient to pay the defendants' costs. The claimant was unsuccessful, but his after the event insurance was limited to £250,000. Each of th......

This case concerned the proper interpretation of s.151(8) of the Road Traffic Act 1988 (RTA 1988) and in particular whether it complied with Council Directive (EEC) 72/166, Council Directive (EEC) 84/5, Council Directive (EEC) 90/232 and Council Directive (EC) 2009/103 ('the European Directives......