Items starting with A

Debate:- The pursuer breeds and rears horses and in 2000 purchased a property in south-west Scotland with the intention to operate stables there. In March 2001, the pursuer was aware of aircraft flying at low altitudes over the stables in an area where operational low flying was allowed. The purs......

Steel J held that that the defendant solicitor firm had been negligent in concluding settlement on behalf of the claimant without authority and in negligently failing to advise the claimant as to the ongoing issues arising in the group litigation, of which the claimant had previously thereto been a......

Signature on a costs budget by a costs draughtsman is an irregularity but does not render the budget a ity. The Defendant ('D') filed a costs budget that was fully compliant save that it was signed by a costs draughtsman rather than a senior legal representative as required by CPR, PD 3E......

Employee had been Provided with Adequate Warning About Danger of Standing on Box: The Court of Appeal held that the Respondent employer had provided the Appellant employee with adequate instruction and warning about the risk of standing on an upturned box in order to reach an item from a high s......

The pursuer was the mother of Amy Whitehead. Miss Whitehead was aged twelve when she was struck by a van driven by the first defender, who was in the course of his employment with the second defenders. A proof has been fixed for 28 November 2006. The pursuer has lodged two reports in process. The d......

-On 21st January 2002 at around 12.45 at 411/2 Union Street, Aberdeen the deceased died from "crush asphyxia" consequent on a fall of masonry. Despite the inherent dangers of building sites, the court looked at whether the existing regulations had been co ......

Failure to provide prompt and appropriate care and intensive support: The defendant hospital's negligent failure to provide prompt and appropriate care with intensive support was held to have caused the death of the claimant's wife from pneumonia. ......

Breach of duty established, but causation not established on the evidence. Although a hospital had been in breach of duty by not communicating to surgeons performing an operation the results of laboratory tests showing the presence of bacteria in a patient's existing surgical wound, and in not a......

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The defenders plead that the action was time barred under section 17 of the Prescription......

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The defenders plead that the action was time barred under section 17 of the Prescription......

The pursuer was employed by the defender from 1987 to 2002. He was diagnosed with Perthes disease in 1983, and the defenders were aware of this. His working conditions were said to have aggravated his Perthes disease and "accelerated" the incapacity of the pursuer. The defenders alleged that there ......

Proof:- The pursuer, a 60 year old man, worked in the employment of the Ministry of Defence at Rosyth Dockyard as a fitter from 1968 until 1976. He worked on vessels undergoing refit and repair and worked in the vicinity of laggers who were stripping and applying asbestos lagging. From 1976 until......

Strength of Claim Did Not Weigh Into Decision on Pre-Action Disclosure Blair J. held that although there would be cases where the Court would conclude that there was no claim at all, let alone a claim with reasonable prospects of success, the present case was significantly complex that there ......

Proof:- On 7 October 2007 the pursuer was driving his car on the M8 towards the Kingston Bridge in Glasgow. The pursuer slowed down to take heed of queuing traffic, and was close to stopping, when he was hit from behind by a van driven by the defender. The pursuer came to a halt and was again struc......

The pursuers and defenders entered into a contract for the supply and installation by the pursuers of six hardwood traditional sash and case windows, at the defenders' home. The defenders had attended at the pursuer's premises and had selected the particular windows which they wished installed conf......

Personal Injury:- The pursuer was injured at work when a partition fell and struck her on the back. The pursuer's agents intimated a claim against the defenders and, following an additional intimation, the defenders repudiated liability. The pursuer's agent then asked the defenders to reconsider th......

Reparation - Liability:- On 28 The pursuer was injured when she was thrown from a horse during a riding lesson at the defenders' premises on 2 April 2005. Damages were agreed in the sum of £30,000 and the only issued to be determined was liability. The central arguement in the pursuer's case w......

Reclaiming Motion:- On 10 August 2001 James Mitchell, aged 72, died as a result of an assault by his neighbour James Drummond. On 12 July 2002 Drummond pled guilty to culpable homicide. In 2003, the deceased's widow and daughter raised this civil action of damages against Glasgow City Council in ......

The pursuer and defender to this action were sister and brother, respectively. The defender had inherited a family croft at Kilmory, Acharacle in 1989, the land upon which the pursuer subsequently constructed a house for the use of her and her family. In this action, the pursuer claimed she was ent......

A local authority did not owe a non-delegable duty of care to a pupil at its school to ensure her safety when she attended a swimming lesson arranged by the school but provided by a third partyIt was held that the Court had not been wrong in striking out the C's claim (Laws L.J dissenting). There w......

Proof:- On 27 January 2006, the pursuer, a 45 year old man at the time of the incident, was driving his scooter in Aberdeen when he lost control, fell and was injured. It was the pursuer's contention that the accident was caused by a bus operated by the defenders, and driven by one of their employe......

Proof: Action for damages arising out of a road traffic accident. The defenders were the insurers of Mr Smith. Mr smith was stationary in his car at the bottom of a steep road in icy conditions on the right hand side of the road. The pursuer descended the road from the opposite direction and lost c......

The pursuer was employed by the defenders as a porter. One of his duties involved delivering mail around the university. On the 6th January 2009 the pursuer slipped on ice on an ungritted on-campus path while carrying out his duties. He suffered injuries to his back and sued the defenders for breac......

Inner House: Reclaiming motion: the pursuer raised an action against the defenders when he was struck on the head and injured by a golf ball which had been hit by the first defender from the 18th tee of Niddry Castle Golf Club. At proof, the Lord Ordinary found the first defender 70% to blame and t......

Reclaiming Motion: Inner House: The pursuer at first instance enrolled a motion to amend the pleadings relative to the assumed rate of return on investment of damages in terms of section 1 of the Damages Scotland Act 1996. The amendment was to the effect that the appropriate rate of return for calc......