Items starting with B

Duty of Care:The Claimant failed to show that his treating hospital was in breach of duty in failing to seek third party advice failed before employing an intravenous anti-fungal drug failed when there were conflicting medical views and no scientific comparisons of the possible treatments. ......

The issue of costs was to be resolved by the court following settlement of commercial litigation where the defendant had made a Part 36 offer of £1. Held: Part 36(14)(2) requires the Court to take into account the justness of applying the normal costs consequences of a claimant failing to o......

Proof:- On 25 August 2005 the pursuer was injured in an accident sustained by him during the course of his employment with the defenders as a delivery driver. Liability was admitted by the defenders and the only issue at proof was whether the injury had rendered the pursuer unfit for heavy work t......

An appeal against an award of costs to a litigant in person was dismissed. Although no solicitor appeared on the record there was evidence to show that the litigant had received legal advice and assistance in preparation of his case. There was also evidence to show that the Claimant had paid for th......

The pursuer was entitled to bring her personal injury claim in the Court of Session despite its relatively low value. The Rules of the Court of Session Chapter 43 was designed to ensure that such claims were resolved with speed and economy. ......

The SRA received complaints that the two partners in a solicitors firm had each been guilty of conduct unbefitting of a solicitor as they had failed to give sufficient information to clients about costs and funding of claims generally and had accepted referrals of business in breach of the Solicito......

The Pursuer claimed damages for injuries she suffered in a road traffic accident. Liability was not in dispute but quantum could not be agreed and a Proof took place. At the time of the Proof the Pursuer was 41 years old. She was the only witness to give evidence. On several important points her e......

In a professional negligence action against solicitors relating to their handling of a personal injury case the question arose as to when the claimant's cause of action had accrued. It was held that it had accrued on the date that here underlying claim had been settled rather than the earlier d......

The Claimants issued a claim form and provided a copy of it expressly 'not by way of service' in 2007. The parties then entered in to an agreement to allow an extension of time for service of the Claim Form and the Particulars of Claim terminable on 14 days notice. In 2010 the Claimants purported t......

Caterer At Sikh Wedding Under Duty To Take Reasonable Care Not To Serve Dishes Containing Egg:The Court of Appeal dismissed the appellant caterer's appeal against a decision that he was liable for personal injuries sustained by the deceased, who was allergic to egg and died from anaphylactic shock ......

The Claimant, a former Lance Corporal in the Royal Logistics Corps, sustained a non-freezing cold injury to his feet whilst on military exercise in February 2009. As a result of the injury, his feet were permanently sensitised to the effects of cold weather. His personal injury claim against the MO......

This was a claim by the executrixes of the estate of a man who had died from malignant mesothelioma as a consequence of exposure to asbestos. The question at issue was whether the Second Defendant in this action was liable. On the facts, it was held that the Second Defendant was liable. The expo......

Proof - Reparation:- In this action the pursuer, a 20 year old trainee service engineer employed by Stilcan Industrial Conveyors Ltd, attended at the defenders' premises at Glen Ord Distillery to carry out maintenance work on scrapers on two conveyor belts. Whilst carrying out the repair work his......

Retrospective CFA Held to Not Be Contrary to Public Policy: Christopher Clarke J. held that there was no prohibition on CFAs being retrospective and no reason per se why a retrospective success fee was contrary to public policy. The Court had the ability to disallow or reduce retrospective ......

Summary Judgement. The judge had erred in granting summary judgment in a claim for personal injuries as it was not possible to say that no duty of care was owed until the claim had been advanced and the evidence tested. ......

Failure to establish causation. A football club failed to show that the injury sustained by one of its players in training had solely and independently of any other cause occasioned the player's permanent total disablement. ......

Personal Injury / Tort / Socially Beneficial Activity / Liability / Foreseeability / Duty of Care / Risk of Serious Injury / Negligence The claimant suffered a significant spinal injury, resulting in permanent tetraplegia, in an accident which occurred in the course of throwing a wellington boot......

Costs appeal raising the issue of whether supervening incapacity automatically terminates a solicitor's contract of retainer. Held: Although an agent's authority terminates automatically upon the mental incapacity of their principal (subject to ostensible authority or liability for breac......

Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, continues his critical review of current case law. In this case the High Court considered an important issue, namely where a represented party loses mental capacity in the course of proceedings, does such loss of c......

Costs judgment following a finding of passing off in the Intellectual Property Enterprise Court (IPEC). Held: In the IPEC, litigation only over costs is not to be encouraged. The court must strike a balance between providing a fair level of recovery for meritorious claimants while encouraging ea......

David Pittaway QC, sitting as a Deputy Judge of the High Court, dismissed the claimant's claim for damages under the Animal's Act 1971 in respect of serious head injuries sustained by her when she was thrown from a trap that was being pulled by the defendant's horse. For reasons unknown, the horse ......

Mesothelioma: The inhalation of potentially harmful asbestos fibres was held not to be an "accidental bodily injury or illness" within the wording of certain public liability insurance policies, but the onset of mesothelioma when a cell became malignant was held to fall within this wording, and the......