While the court should be cautious about reducing a party's costs budget, in the instance case it was appropriate to do so. C had filed a costs budget and the court was required to determine whether it should be reduced for being disproportionate and/or unreasonable. The judge held that w......

Personal Injury damages disregarded in considering statutory duties to meet care needs. A local authority was obliged, in determining whether it was necessary for it to meet a claimant's care needs under the National Assistance Act 1948 s.29 and the Chronically Sick and Disabled Persons Act 1970 s......

The Pursuers/Appellants were heritable proprietors of a first floor tenement flat. The Defender/Respondent was the proprietor of the property below. He had arranged for Ascension Construction Limited to carry out works to his property and they were convened as third parties to the action. The Pur......

Claims by the shareholders and directors of a company bringing a claim in respect of sub-lease were struck out on the basis that there was no interest proprietary or otherwise disclosed in their pleading. Claims by the company against Newham for nuisance were struck out because they related to aspe......

A finding of contributory negligence in a personal injury claim was set aside where the judge had based his finding on an allegation of negligence that had not been pleaded or argued at trial. ......

In proceedings against accountants in respect of tax advice as to the issue of dividends, a new cause of action based on a personal contractual retainer was permitted to be brought after the expiry of the limitation period as it arose out of the same or substantially the same facts as the pleaded c......

Application by defendant for costs incurred in consideration and preparation of struck out witness evidence disclosed by the claimants at a pre-trial review. Held: Although frequently disregarded, the Queen's Bench Guide at para 7.10.4 concerning witness statements is clear: a witness state......

The Claimant was cycling along a residential road when he suddenly swerved, lost control of his bicycle and sustained injuries to his skull and arm. He had no memory of the incident. The Claimant's cycling partner inspected the road after the accident and found a long, linear defect in the road......