Items starting with B

Summary Judgment. The Claimant and a trust of which he was a beneficiary lost an action in respect of the recovery of certain shares. The Claimant and the Trustees sought to recover the costs incurred and for which they were liable from the original trustee and the legal representatives on the ba......

The Court of Appeal held that the owner of a holiday site had not been under an obligation to bring the precise location of a pond to the attention of parents staying on the site as the danger that it posed to unaccompanied children was obvious. In the absence of any guidance given by ROSPA or the......

Medical: While the original decision not to perform a caesarean was an approach that would have been taken by a reasonable proportion of obstetricians at the time, the decision not to carry out an emergency caesarian thereafter was a breach of duty. That breach had been a material contribution to t......

Reparation - Proof:- The pursuer was employed by the defenders as a social worker. The pursuer had a desk bound job in which she claimed that she developed a pain in her neck from stretching and twisting to use a computer that she shared with a colleague and which was situated on an adjacent desk......

Procedure Roll:- In this action the pursuer, a solicitor who had been appointed curator bonis of DMF, sought damages from the defenders of £5,000,000 in relation to alleged negligent acts and omissions in 1980 in relation to the birth of DMF on 18 July 1980 when, following her birth by emergen......

The Conditional Fee Agreements Regulations 2000 reg.3 required a Conditional Fee Agreement to specify how much of the percentage increase in a success fee related to the cost of the postponement of payment of solicitors' charges and disbursements. The words "if any" in reg.3(1)(b) of the Regulatio......

Mesothelioma – Liability not established – Multiple Exposure : Where it was possible to prove that the deceased had been exposed to asbestos during the course of his employment but not that the employer had been in breach of duty, the employer was not liable for the deceased contracting......

The user of a car was not bound by s.143(1)(a) of the Road Traffic Act 1988 to insure against the liability of one tortfeaser to contribute with another tortfeaser in respect of their joint liability to the user. The duty to insure against third party loss is a duty owed to the public, not to onese......

Proof:- In 1987 the pursuers purchased a warehouse in a Georgian terrace overlooking Leith Links. The defenders acted for the pursuers in the purchase of the property. By a disposition dated 9 and 29 July 1986, the property was conveyed into the joint names of the pursuers. Certain additional bur......

Personal Injury/Child Abuse/Limitation/Time Bar/Sections 17 and 19A, Prescription and Limitation (Scotland) Act 1973/Damages for Injury, Loss and Damage An action of damages in respect of child abuse at a children's home (Nazareth House) in the 1970s. The defenders pled time bar. The purs......

On 25 October 2000 the pursuer, who had been working at the base of a tractor unit, rose from a crouching position and struck his head against a tilt bar protruding horizontally from its socket which had not been removed. In this action liability was agreed on the basis that the accident was caused......

Civil Liability (Contribution) Act 1978: Acts and omissions that were not causative of loss could be taken into account for the purpose of assessing what, if any, contribution should be ordered pursuant to s.2 of the Civil Liability (Contribution) Act 1978. However, the role of non-causative factor......

The Appellants/Defenders appealed against the Sheriff's decision to grant commission and diligence in terms of a Summary Application brought under Section 1(1) of the Administration of Justice (Scotland) Act 1972 (“the 1972 Act”) for recovery of documents held by or on behalf of the App......

The applicant insurer sought to have the Claimant's two daughters and husband of a Claimant committed. It was for the applicant to demonstrate beyond reasonable doubt that the statements and representations relied on were made, that they were false, that they were likely to interfere with the cours......

Following findings of contempt against two family members of a Claimant in which the Claimant's daughter was 6 months imprisonment suspended for 12 months and 3 months imprisonment for the Claimant's husband suspended for 12 months, the Court ordered the relatives to pay 70% of the Defendant insure......

The medical professional's evidence as to the advice he provided was to be preferred to that of the Claimants despite his failure to record such advice in notes. ......

The Court of Appeal dismissed the appellant employee's appeal against the dismissal of her claim against the respondent employer for breach of its statutory duty pursuant to regulation 12(5) of the Workplace (Health, Safety and Welfare) Regulations 1992 to provide a suitable and sufficient handrail......

Health & Safety At Work: It was held that the recorder had been wrong to find that an employer had negligently exposed an employee to harmful vibrations from hand-held vibration tools throughout the whole course of his employment. In fact, the exposure became negligent part-way through his service.......

Victims of crime: A victim of crime and eye witness to a murder could not proceed in claiming damages for negligence against the police for his treatment by the police. The Claimant argued that the police owed a duty of care to: (i) take reasonable steps to assess whether B was a victim of crime a......