Items starting with M

Motion for modification of expenses to nil in terms of s. 18(2), Legal Aid (Scotland) Act 1986, raising the issue of whether the respondent, when opposing a petition, was a 'legally assisted person' by virtue of the special urgency provision contained in reg. 18(2), Civil Legal Aid (Scotlan......

Costs on a settled Judicial Review The Court of Appeal gave general guidance on costs issues in relation to Administrative Court Cases, which settled on all issues save as to costs. The court set out three scenarios. In a case where a claimant has been wholly successful whether following a ......

Duty of Care. A riding instructor owed a duty to guard against presenting a nervous rider with an unfamiliar situation or circumstance. On the facts of the case there was no danger or appearance of danger on the course that the instructor should have warned about. ......

The Pursuer, aged 49 at Proof, sought damages following a road accident. Liability was admitted and the Proof was restricted to quantum. The Pursuer suffered a whiplash injury to his neck and was left with intermittent neck pain and headaches. These settled within 7 months of the accident. For 6 ......

Appeal against an order requiring the defendants to pay the costs of a without notice application and a subsequent order refusing to set aside the earlier order on the grounds, inter alia: it was outside the court's jursidiction, or alternatively an improper exercise of the court's discreti......

The Pursuer/Appellant raised an action at Ayr sheriff Court claiming damages for both breach of copyright and for breach of the Defender/Respondent's statutory duty under the Copyright, Designs and Patents Act 1988 to identify the Pursuer as the owner of photographs that the Defender had publi......

A claim to interest on damages, with costs, following modest success in a late claim for negligence in which the claimant recovered less than 1 per cent. Held: The proposition that a defendant cannot contest costs due to a failure to make a sufficient Part 36 offer in Fox v Foundation Piling Ltd......

The Judge had been side-tracked by the lack of reports of similar accidents, when he ought to have concluded that the footpath had in fact been dangerous, resulting in injury to the appellant. Was clear evidence that the appellant had stumbled and suffered injury, a clear indication of where the ac......

An employer could be vicariously liable in damages under the Protection from Harassment Act 1997 s.3 for a course of conduct by one of its employees that amounted to harassment in breach of s.1 of that Act. ......

An agreement for a property development omitted to include a provision for the proceeds of sale to be provided to the company's shareholder. The omission was first discovered 3 years later when the development was to be sold. At that time the development was in negative equity and the value of ......

An award of basic damages for malicious prosecution below the range recommended by the judge and the failure to award aggravated damages were decisions that no reasonable jury could have come to in the circumstances. ......

Duty of Care on a Bus Driver. A bus driver had not been negligent in hitting a pedestrian at a staggered pedestrian crossing where the traffic signals were in favour of the bus; the pedestrian had stepped out having failed to check for oncoming vehicles whilst labouring under the mistaken apprehen......

The pursuer was the mother of the later Nikki Williamson, who died in the Southern General Hospital, Glasgow on 1 November 2003, aged 15. The pursuer sought damages in respect of the loss suffered on account of her daughter's death. Each of the defenders was sued on the basis of their vicarious lia......

-"(1) Each employer shall -(a) so far as is reasonably practicable, avoid the need for his employees to undertake any manual handing operations at work which involve a risk of their being injured ".The pursuer averred that processing chickens was a manual ......

the reclaimer had been employed by the respondents since 1991. Around 2000 she developed carpal tunnel syndrome in her left wrist which, she claimed, was aggravated by her working conditions. She sought damages for personal injury from the respondents. The Lord Ordinary assoilzied the respondents h......

Proof:- On 31 January 2004, sapper Robert Thomson, a member of 35 Regiment, Royal Engineers, was killed during his fourth tour of Iraq when he was crushed by earth when it collapsed on him whilst he was recovering soil samples from a trench. Here his mother and brother sought damages from the Minis......

Inner House case concerning a clerical assistant at Kirkriggs School in Glasgow who injured herself when she fell from a toilet bowl whilst trying to open a window. An extra division of the Inner House allowed a reclaiming motion and Ms Wallace was granted damages of £31,800 reduc......

In June 2007, the pursuer was employed by the defenders as a clerical assistant for a school in Glasgow. She required to use the toilet facilities, and as a courtesy to the next user, attempted to open the window after doing so. The window was around seven feet above the ground, and no pole was in ......

In this case the pursuers sought reparation from the defenders, a firm of solicitors, in respect of their alleged professional negligence. It was submitted fro the defenders that the pursuer had no relevant averments to exclude the operation of Section 6 of the Prescription and Limitation (Scotland......

In this action, the pursuer sought payment by the defender for certain sums averred to have been paid by tenants of a property known as “Corshellach”, which were paid to the defender and retained by her. The basis upon which the rental payments were sought by the pursuer was that the de......

The Pursuer raised an action for damages after he was injured when his stationery car was struck from behind by a car being driven by the Defender's insured. Liability was admitted but there was a dispute over the value of solatium and a Proof took place. The Pursuer gave evidence and the terms o......

In this action for damages for failure to implement missives, the defender had failed to attend court and find caution, leading to decree being granted in favour of the pursuer. The defender appealed to the Sheriff Principal, and subsequently the Court of Session, arguing that a stateable defence i......