The failure by a doctor to disclose that he had been refused approval by another strategic health authority when asked to do so in the application form was sufficient grounds to suspend the doctor for one year even where the doctor had been told by one of the panel members who had refused his appro......

Walker J held that a general practitioner had not been negligent in failing to diagnose that a pregnant woman had suffered or may have suffered from a premature rupture of her womb membranes resulting in her baby being born prematurely at home and without medical support and such that he was left w......

Appeal against an issue-based order for costs dismissed. Held: It would have been better for the judge to make an order that the Second Claimant/Appellant recover only a proportion of his costs and to have made no order for costs in favour of the Defendant/Respondent, as contemplated by CPR 44.3(6)......

A limited liability partnership that had suffered loss as a result of a valuation company's alleged negligent advice as to value of a property was permitted to include a claim for the actual net loss that it had suffered. Although there was no diminution in value claim it was arguable that ther......

Medical. On the basis of the general practitioner's records it appeared that she had given proper advice. The hospital that had requested the claimant to be treated for the STD was in breach of duty for failing to have the claimant's mother retested. The expert evidence and the facts meant that......

Procedure: Under CPR 17.4.2, determining whether a new claim arose out of substantially the same facts was a matter of impression to be derived from a reasoned assessment of the relevant factors. A continuing retainer was relevant in considering the introduction of a new claim arising out of ......

Exceptional case of recovering costs as part of damages awarded. It would only be in an exceptional case that costs, ordered to be paid by the claimant to the defendant in the course of a negligence claim by the former against the latter, could be recovered by the claimant from the defendant as ......

Exceptional case of recovering costs as part of damages awarded. It would only be in an exceptional case that costs, ordered to be paid by the claimant to the defendant in the course of a negligence claim by the former against the latter, could be recovered by the claimant from the defendant as pa......

The Claimant suffered head injuries in the course of a motorcycle-and-sidecar race. His motorcycle-and-sidecar crashed through a barrier and into an ambulance. He brought an action against the Defendants as the leasehold owner, occupier and operator of the track at which the accident occurred. T......

A case management decision not to adjourn the determination of the appropriate measure of indexation for periodical payments due to the claimant for his future care pending the outcome of an appeal to the Court of Appeal in another case had been appropriate. ......

The court gave guidance on the principles and practice of making protective costs orders in public law cases. A protective costs order would only be made in exceptional cases. On the present facts, a protective costs order would be made where an application for judicial review was of general public......

Claim Failed Against Asbestos Removal Contractor:Foskett J dismissed a claim in negligence against an asbestos removal contractor on the grounds that it was known to the Claimant that, in respect of both the original removal method and revised sealed method employed, not all of the asbestos would b......

Employer Must Expressly or Impliedly Permit the Use of “Work Equipment”:The Court of Appeal held that a piece of scrap metal that a lorry driver used as a makeshift scraping tool in the course of his work duties did not amount to “work equipment” for the purposes of Regulati......

The case arose out of a nuisance claim brought by the Lawrence and another (L) against Coventry and others (C, M & W). L inhabited a house near C's motorsports stadium. The Supreme Court had found C and M liable in nuisance. In the instant action the court considered the costs consequences ......

The Claimant sought to resist a costs order against him at the conclusion of an intellectual property dispute before Asplin J in the Chancery Division of the High Court. Though he had substantially been the unsuccessful party, it was argued on his behalf that the Defendants were offered all that th......

The Appellant had worked as a catering manager at a prison run by the Respondent. This job included supervising prisoners who worked in the prison kitchen. One prisoner had dropped a sack of food causing a spillage. The Appellant had instructed all the prisoners to stop working while the spillage w......

Asbestosis. A trial judge was entitled to find that the respondent was exposed to dust containing asbestos fibres through the negligence of the appellant, which caused the respondent personal injury. ......

The pursuer sought damages of £550,000 from the from the Chief Constable of Strathclyde Police and from the Scottish Ministers, the latter being responsible for the acts and omissions of the Scottish Prison Service. It was averred that on 12 November 2007, while employed as a prison officer at......

Motion to remit to Sheriff Court:- In this ordinary action the pursuer sought damages of £9,000 in respect of damage caused to his motor vehicle following a collision with a bus driven by an employee of the defenders. Liability was not disputed by the defenders and the only issue related to th......

On 11 August 2000 the pursuer sustained an accident in the course of his employment with the defenders.The pursuer alleged that whilst he was cleaning gutters he fell through a roof and the accident was caused by the defenders' breach of the duties contained in regulations 5, 6 and 7 of the Constru......

The pursuer was involved in a road traffic accident with the defender's insured on 22nd July 2009 in Dalkeith. The parties agreed that the accident was caused by the fault and negligence of the defenders' insured. They also agreed upon the value for services rendered by the pursuer's wife (£10......