Costs & Damages

Reclaiming motion:- On 17 July 1999 the pursuer was riding as a pillion passenger a on a motorcycle which was driven by the first defender. The pursuer was seriously injured when the motorcycle collided with a car driven by the second defender. The pursuer thereafter raised an action against both a......

The Pursuers and Appellants were the joint proprietors of a first floor flat. The Defender and Respondent was the heritable proprietor of the shop which was located directly below the flat. The Defender had arranged for alteration works to be carried out to the shop. The works were subject to a......

The pursuer was employed by the defenders at a supermarket in St. Andrews. During the course of his employment the pursuer stacked shelves. On two separate occasions in December 2005 and a month later, the pursuer injured his back whilst lifting heavy goods within the supermarket. Following the sec......

Appeal concerning the approach to costs of a Beddoe application on the ground that the trustee was entitled to an indemnity out of the estate. Held: The normal rule for costs of the application for direction that, absent improper conduct, the costs of the trustee and of the beneficiary defendants w......

Error of discretion where no award of costs where appellant had succeeded in action ......

Appeal against i) a decision to refuse leave under s. 139(2), Mental Health Act 1983 concerning the scope of the duty of an approved mental health professional to exercise independent judgment; and ii) part of an order requiring the appellant to pay the costs that the first respondent had been ord......

Contract:- In September 2001 the pursuer and her husband went on a coach holiday in Switzerland and Italy. On the last day of her holiday the pursuer tripped on a carpet in the coach and injured her ankle. The pursuer raised an action against the defenders with whom she had entered into a contract ......

(1) Corby Dockerill (By his Mother and Litigation Friend Zoe Dockerill (2) Demi Healey (By her Mother and Litigation Friend Zoe Dockerill) v S Tullett: Paddy Macefield (By his Litigation Friend Paula Macefield) v Janos Bakos: Rebecca Turbridy (By her Litigation Friend D Westwood) v Mohammed Sarwar ......

Procedure Roll:- In this action the pursuer, an architect, sought damages from the first and second defenders, developers and architects respectively, for breach of copyright. The pursuer was instructed by the first defenders predecessor in title as an architect in relation to the development of ......

On 2 June 2000 the pursuer was injured whilst employed as a deck foreman on an off-shore installation. The action was settled by extra judicial agreement. In this opposed motion enrolled on behalf of the pursuer, the pursuer sought the certification of two engineers as skilled witnesses for the p......

Proof:- In this action the pursuer sought damages in respect of injuries sustained as a result of an accident occurring on 2 September 2005. That afternoon the pursuer had finished work for the week and visited the public toilet of the town. The pursuer worked as a joiner and was wearing his work......

Reparation:- This case related to an action for damages following a road traffic accident in Arran in 1996. The case settled extra judicially with the defenders agreeing to make reparation to the pursuer together with the judicial expenses of the action as taxed. The pursuer's account of expenses......

The respondents claimed expenses and an additional fee for a Court of Session appeal from the unsuccessful applicant. The additional fee was sought under the heads, inter alia, that the cause was complicated, time-consuming and important to the respondents who had very serious allegations made agai......

The Court of Appeal held that it would be inconsistent with CPR r.44.3 and r.44.5 and with the duty of the court to ensure that costs were reasonable and proportionate, to preclude a party from raising a point material to that question before a costs judge on a detailed assessment, because it had n......

Costs upon acceptance of Part 36 payment-in as satisfaction of part of claim: Where the claimant had accepted a payment-in as satisfaction for part of a claim that was substantially less than the original claim, and then abandoned the remaining claim, the court ordered the claimant to pay the defen......

Reclaiming Motion:- In this action the respondent sought damages damages from the reclaimer on the ground that she suffered psychological damage as a result of sexual abuse alleged to have been perpetrated upon her by him between 1975 and 1997. The reclaimer was prosecuted on various charges of i......

Anis Waiz, solicitor and head of Commercial litigation at Curtis Law Solicitors, continues his critical review of current case law. In this case, the Court of Appeal considered two important points of law arising from a landlord and tenant dispute. First, the assessment of damages for trespass to p......

Debate:- In this action the pursuer, a prison officer, sought damages from the defenders, the employers of the pursuer, in respect of mental health consequences of an incident at work on 3 August 1997. On that date the pursuer had intervened in a fight between prisoners during the course of which......

Preliminary ruling concerning the meaning of 'not prohibitively expensive' judicial proceedings and the correct approach to making a costs assessment in disputes relating to environmental matters under the Aarhus Convention. Held: That judicial proceedings should not be 'prohibitivel......

Proof:- On 16 May 2004 the pursuer's brother, Sean Milligan, was injured in a road traffic accident in Carluke when the car he was driving collided with a stolen van being driven by the defender who was under the influence of alcohol. The defender was thereafter convicted of a number of road traffi......

Proof:- In this action for personal injury the pursuer sought damages from the defenders for injuries she sustained as a result of tripping in a hole on the east footpath of West Nile Street, Glasgow, near Bath Street, on 11 January 2006. The pursuer sought payment of £200,000. By interloc......

Proof:- This was an action for damages for reparation against the Advocate General for Scotland representing the Ministry of Defence and the Department of the Environment at the instance of the executors of the late George Smith Stuart who died in December 2007. The claim related to rights to dam......

The successful defendant sought twice the amount approved in a costs management order and covered by the claimants ATE insurance, raising the issues: of whether the defendant was entitled to costs on an indemnity basis; if so, the relevance of the existing costs management order; and if not, whethe......

Appeal against a rejection of a claimant's costs of a compromised judicial review. Held: Where a claimant in an administrative court case has been wholly successful, whether following a contested hearing or pursuant to a settlement, all costs are recoverable unless there is some good reason ......