Items starting with J

The defenders, a Roman Catholic order of religious women, sought an order for expenses from the Scottish Legal Aid Board (SLAB) for an abandoned action of reparation for historic abuse, raising the issue of the meaning of 'financial hardship' in s. 19(3)(b), Legal Aid (Scotland) Act 1986 (a......

In this action, the defender had enrolled a novel motion, “ordain the pursuer to state whether he was impecunious or not within a period of 7 days on the basis that the pursuer has been repeatedly asked to confirm whether he was impecunious or not and has failed to do so". Due to its unusual ......

A number of employees of the defenders developed havs as a result of exposure to vibrating tools at work. Three separate cases. Although the cases were not conjoined there was agreement that evidence in one would be evidence in the others. Judgement details medical evidence liability and quantum. ......

Reclaiming Motion: Inner House: the pursuer reclaimed against the decision of the Lord Ordinary at proof absolving the defenders of liability under the Occupiers Liability (Scotland) Act 1960. The pursuer, a DHL delivery man, had slipped on a plank of wood when delivering a parcel to the defender&#......

Outer House case considering a claim for damages under the Occupiers Liability (Scotland) Act 1960. Mr Dawson worked as a self employed courier and was delivering a package to Ms Page's cottage. Building works were taking place at the cottage and the surroundings resembled a building site. A......

Recall of decree:- At a pre-proof hearing, decree by default was granted against the defender in an action for payment of a capital sum, sought by the pursuer under section 28 of the Family Law (Scotland) Act 2006. The defender failed to appear at diet, and the Sheriff granted decree as craved, in ......

Parties and Background: The pursuer was a 56 year old mail delivery driver employed by the defenders in Dundee. This was an action for damages for personal injuries sustained in the course of employment. The pursuer's duties included sorting mail into bags and pouches and loading these into ......

Parties and Background: The pursuer was a 56 year old mail delivery driver employed by the defenders in Dundee. This was an action for damages for personal injuries sustained in the course of employment. The pursuer's duties included sorting mail into bags and pouches and loading these into ......

Proof:- In this action the pursuer sought damages for losses said to have been sustained by him as a result of medical negligence following his admssion to hospital on 22 April 2002 following a complaint of abdominal pains. He underwent a number of operations at Crosshouse Hospital in Kilmarnock ......

Employee attacked in course of employment - duty of care - safe working system?:-On 23 June 2003 the pursuer's allocated jobs included the repair of a television in a private house at 36 Lochend Street, Easterhouse, Glasgow. Easterhouse was an area with which the pursuer was very familiar, and in w......

The pursuer made a motion for leave to lodge a late list of witnesses and a late inventory of productions. The motion was opposed due to (1) the imminence of the proof and (2) the likely prejudice to the defenders by the late introduction of such evidence. The court granted the motion and the case ......

The pursuer whilst working in the course of his employment injured his back whilst helping to lift a portable cement mixer on to the back of a lorry. He was off work for some weeks but eventually returned to work on 23 July 2001, his doctor having certified him as being fit only for light duties. W......

Reparation - In these two actions the pursuers, both fishermen, sought damages from the defenders for injuries they say they sustained following a collision between their vessel, "The Harvester" and a vessel belonging to the defenders "The Strilmoy". Both pursuers raised their claims under Chapte......

This was a motion by the pursuer to allow amendment of the closed record in an action of damages for personal injuries. The defenders opposed the pursuer's motion for leave to amend on the grounds that their ability to investigate had been materially hampered by the passage of time - the date of th......

Liability for motorcycle accident is not in dispute. Case involves consideration and application of Rule of Court 43.11 which provides:""The Court may ...ordain the defender to make an interim payment to the pursuer of such amount as it thinks fit not exceeding a reasonable proportion of the damage......

The assumption that a person who had suffered a significant injury would be sufficiently curious to seek expert advice applied unless there were reasons why a reasonable person would not have done so. The claimant appealed against a decision that his claim in respect of noise induced hearing los......

Smith v Manchester Award. The trial judge had been right to refuse to make a Smith v. Manchester award. He plainly found that the Claimant was fit and capable of doing non-physical work, such as clerical work, which was freely available to her, and he was entitled to conclude that there was no rea......

Pleural Plaques do not Amount to Actionable Damage. The House of Lords held that symptomless pleural plaques caused by negligent exposure to asbestos were not actionable damage. Pleural plaques do not themselves cause asbestos related diseases, but they signal the presence of asbestos fibres that ......

Sperm Amounts to Property Owned by its Producer: The Court of Appeal held that there was no authority, either domestic, Commonwealth or American, for the proposition that damage to a substance removed from a person's body could constitute personal injury after its removal. It was, however, cl......

Application for pre-judgment interest on disbursements paid by the claimants' solicitors pursuant to a credit agreement raising the issue of the appropriate rate to be applied. Held: CPR 44.3(6)(g) provides the court with the power to make an order for payment of pre-judgment interest on ......

This case concerned eight lead claims brought by men who had formerly worked at the Abercwmboi Phurnacite Works. Around 250 claimants were part of a joint action, in which they claimed that they had suffered respiratory disease and/or cancer as a consequence of exposure to dust and fumes in the cou......

It was appropriate to award the claimants 80% of their costs in circumstances where, overall, they had been successful in their claims notwithstanding a failure to prove a causative link on aspects of their claims. Eight lead claimants alleged that they had suffered from non-malignant respirator......

Where a party's appeal depended on raising a new legal argument on appeal it would not be permitted. The fact that a party may be compensated in costs is not sufficient. ......