Duty of Care to Protect Employees. There was a common law duty of care on the National Dock Labour Board requiring them to protect their individual employees against a known serious risk to their health. The bald proposition that a body created by statute could not be recognised as owing such a d......

The appellant was a paramedic. On 18 April, the appellant gave his colleague a bag full of drugs, which included a quantity of out-of-date diamorphine, some of which were injected by his colleague. When questioned by the competence and conduct committee (the defendant Health Professions Council) it......

On 29 March 2010 the Scottish Solicitors Discipline Tribunal had found the petitioner guilty of professional misconduct and made an order censuring him, finding him liable for the expenses of the proceedings before it. The petitioner appealed against that decision under section 54 of the Solicitors......

Trial Judge Could Not Direct Costs Judge to Paragraphs in the Judgement The Court of Appeal held that an Order given by the trial judge in which he directed the costs judge to assess costs by reference to six specified paragraphs in his judgment could not stand. As a matter of practise, it was......

Where a claimant had not given timely notice of her claim to the Motor Insurers' Bureau and the MIB was not prepared to overlook the fact, there was no objection in principle to the claimant discontinuing proceedings and commencing a fresh action in which a timely notice was given to the MIB. ......

Safe system of work for employees. On the balance of probabilities the defendant employer had not been negligent and had not been in breach of contract in failing to exercise reasonable care for an assistant head teacher's health and safety or in failing to operate a safe system of work. ......

The solicitors had advised on a trust settlement. As a result of allegedly negligent advice the settlor had retained a residual interest in the settled property exposing the estate to inheritance tax that could otherwise have been avoided. A claim by the residuary beneficiary of the estate would no......

A Van Emerging Onto A Main Carriageway Without Seeing Motorcycle 20% Liable For Collision With Motorcyclist That Ensued:-David Pittaway QC had to determine liability in a claim for damages for personal injury brought by the Claimant motorcyclist. The Claimant had been overtaking a articulated lorry......

The Claimant had run and dived head first in to a small inflatable pool at an event at the Defendant's student union. The Claimant submitted that the Defendant owed him a duty of care to take appropriate steps to prevent him from injuring himself. It was held that the Defendant owed the Claiman......

The applicant applied to correct a judgment Order so as to reduce the sum awarded to the respondent. After the Order had been made the applicants solicitors wrote to the respondent's solicitors informing them that the Order failed to take account of payments previously made such that the sum fell t......

It was held on appeal that the costs of attendance at an inquest were not incapable of being recoverable as costs incidental to subsequent civil proceedings. Where a solicitor did not attend an inquest, he might well be able to claim as incidental to civil proceedings the costs he incurred prior to......

In this statutory appeal, a pressure group known as Road Sense appealed against a decision of the Scottish Ministers as the trunk and special roads authority in terms of the Roads (Scotland) Act 1984. The appellants sought a Protective Expenses Order in their favour in the present motion. Road Sen......

An employer was in breach of the Provision and Use of Work Equipment Regulations 1998 reg.4 and reg.20 by providing removable suspended ladders for employees to access the top bunks in their sleeping accommodation because the risk of injury, if the ladders were not replaced properly, should have be......

Robbie Scott (15) suffered from cerebral palsy. In this action he sought damages for alleged medical negligence. The parties agreed the level of damages to be awarded in the event of a finding of negligence. Proof here therefore was restricted to whether or not Dr Tara Cooper, who was then a senior......

First Defenders/Appellants appealed against the Sheriff's decision to allow a Proof before Answer following a debate.The Pursuers/Respondents had entered into a share purchase agreement ("the Agreement") for the sale of their business to the First Defenders/Appellants. The Agreement confirmed t......

The pursuer had been employed as a power loader in the mining industry between about 1976 and 2002, when he was made redundant. He had developed Hand Arm Vibration Syndrome ("HAVS") and has been partially compensated for this by the defenders. In particular, he has received payments from the defend......

The pursuer was working offshore and sustained his injuries as a result of the ladder which he used to get down from his bunk not having been properly secured. The pursuers case was pled under regulations 4 5 and 20 of the Provision and Use of Work Equipment Regulations 1998 (the Work Equipment Reg......

Reparation - Additional Fee:- On behalf of the pursuer a motion was enrolled to allow inter alia an additional fee in terms of Rule of Court 42.14 (3) (a), (e) and (g). The motion, in relation to the additional fee only, was opposed by the defenders. It was submitted on behalf of the pursuer that (......

This case sounded a cautionary note in relation to use of the doctrine of res ipsa loquitur. It was held that this doctrine should be used with caution when the events in question were outside the Defendant's control. In the instant case where the Claimant alleged that the ladder in question was in......

Causation: The Claimant had been advised by his legal advisers that the prospects of a full recovery on his construction of an agreement were unlikely. On receipt of the Defence, the Claimant was advised to compromise the proceedings. The Claimant elected to continue on his own as a litigant in per......