Costs & Damages

The appellant successfully appealed against the court's refusal to make an order for detailed assessment of bills delivered by the respondent firm of solicitors. The order sought had been refused owing to the applicant's failure to comply with the formal requirements of such an application. It was ......

Appeal against a refusal to order costs in commercial litigation where the action failed on its primary basis but succeeded on two of its four heads of claim. Appeal dismissed. Held: Although claimants who achieve a material success on a fraud claim ought ordinarily to recover at least part of t......

In this action the pursuers, operators of livestock markets, sought damages for losses resulting from the selection and provision of an effluent treatment system for a livestock market at Ballymena, Northern Ireland. The pursuers sued the first defenders, who are consulting civil engineers, for b......

Reclaiming Motion:- The pursuer and reclaimer was resident in St. Margaret's Children's Home, Elie, Fife. The home was run by the statutory predecessors of the defenders and respondents. The pursuer sought damages for loss, injury and damage sustained as a result of sexual and non-sexual abuse in......

Procedure Roll:- In this action the pursuer sought damages in respect of loss, injury and damage which the pursuer claims to have suffered due to negligence in her ante-natal care in 1994. At debate counsel for the defender invited the court to sustain the defenders' first plea in law and dismiss......

In this action the pursuer, a porter at Glasgow Royal Infirmary, sought damages from the defenders, her employers, for an accident which occurred during the course of her employment when she slipped on loose stones on the stairs at the GRI and fell and injured her back. The basis of the pursuer's......

This relates to a hearing in terms of Rule of Court 42.4(4) in respect of a Note of Objection for the pursuer to a Report by the Auditor of Court in relation to an account of expenses lodged by the solicitors for the pursuer in the action and related to the Auditor's disallowance of certain charges......

A Claimant who had elected to withdraw from the Pre-action Protocol for Low Value Personal Injury Claims in RTA's was only entitled to his costs under the protocol.A motor vehicle insurer had failed to acknowledge a PI claim notification from in accordance with the procedure under the Pre-Action Pr......

The pursuer was employed by the defenders as a HGV driver until an accident occurred at work in August 2008. He was dismissed from his employment one month later following disciplinary procedure. At the time of the accident, he had been driving lorries for approximately 40 years. On the date of t......

Reclaiming Motion:- On 5 May 2001 a car driven by Miss Rogerson, the first defender, with her boyfriend Mr Thomson as the front seat passenger, and a three year old girl, Sarah Clegg, in the back seat, attempted to cross a level crossing. The crossing was operated by Network Rail, the second defend......

Reparation - Debate:- The defenders enrolled the following motion:- "On behalf of the defenders, to grant decree of dismissal and award the expenses of the process in favour of the defenders on account of the pursuer's inordinate delay in pursuing the action". The motion was opposed, and a debate t......

The pursuer was a shipwright who was injured at work on 16th January 2007. He was working on a new naval destroyer at the Defender's Govan shipyard, when he slipped on an manhole cover on deck which had not been properly replaced and secured. The pursuer's case was that he suffered a fractured skul......

Proof:- The pursuer, an employee at Napier University, was invigilating at an exam at Merchiston Campus on 16 August 2006. At the end of the exam the pursuer collected the exam papers and left the room. As she did so, she tripped and fell against a wall injuring herself. Here the pursuer claimed ......

Reparation:- In this action the pursuer sought damages of £200,000 following an accident on 12 August 2004 when the pursuer was working in the course of his employment as a baggage handler with the defenders at Aberdeen Airport. Here on behalf of the pursuer counsel sought summary decree and......

The defenders, a Roman Catholic order of religious women, sought an order for expenses from the Scottish Legal Aid Board (SLAB) for an abandoned action of reparation for historic abuse, raising the issue of the meaning of 'financial hardship' in s. 19(3)(b), Legal Aid (Scotland) Act 1986 (a......

Employee attacked in course of employment - duty of care - safe working system?:-On 23 June 2003 the pursuer's allocated jobs included the repair of a television in a private house at 36 Lochend Street, Easterhouse, Glasgow. Easterhouse was an area with which the pursuer was very familiar, and in w......

Reparation - In these two actions the pursuers, both fishermen, sought damages from the defenders for injuries they say they sustained following a collision between their vessel, "The Harvester" and a vessel belonging to the defenders "The Strilmoy". Both pursuers raised their claims under Chapte......

Application for pre-judgment interest on disbursements paid by the claimants' solicitors pursuant to a credit agreement raising the issue of the appropriate rate to be applied. Held: CPR 44.3(6)(g) provides the court with the power to make an order for payment of pre-judgment interest on ......

It was appropriate to award the claimants 80% of their costs in circumstances where, overall, they had been successful in their claims notwithstanding a failure to prove a causative link on aspects of their claims. Eight lead claimants alleged that they had suffered from non-malignant respirator......

Note of Objections to auditor's report: the auditor abated £63.43 which had been charged by the pursuers as an outlay for "printing costs records". Pursuers agents claimed that they were bound to produce the record in terms of Rule of Court 43.6(4); that they could otherwise incur the cost......

The pursuer is the mother of CK, born 11 May 1998, and sought reparation, as guardian for CK, from the defenders in respect of alleged negligence of anaesthetic and obstetric staff during the birth of CK, for which it was averred the defenders were liable as their employers. CK has cerebral palsy......

The pursuer sustained injuries in the early hours of 29 December 2006 when a car driven by the defender, in which the pursuer was a back seat passenger, struck a tree at Stewarton Road, Newton Mearns, Glasgow. At the time of the accident, the defender was 16, and was driving a car belonging to his ......

Reparation - Procedure Roll:- On 28 April 1999 the pursuer was injured following a road traffic accident after the rear tyres of the vehicle he was driving, a mini-coach, failed, causing the coach to lose control and overturn. The pursuer sought damages of £25,000 damages against the defende......

Stadlen J struck out as an abuse of process a libel action in which even if the claimant were successful on liability, she would be awarded only very modest damages which would be so disproportionate to the money and time which would be incurred in respect of the litigation and consequent trial. ......

Stadlen J struck out as an abuse of process a libel action in which even if the claimant were successful on liability, she would be awarded only very modest damages which would be so disproportionate to the money and time which would be incurred in respect of the litigation and consequent trial. ......

On 2 May 2008, the pursuer was driving her car westwards on the A90 dual carriageway near Glencarse, when she was rammed from behind by a vehicle driven by the defenders' insured. The pursuer was thrown forward and suffered various head injuries during the accident, for which she sought damages in ......

Harassment & Battery. It was held that a police officer who, during several visits to her home, had obtained from a female interviewee detailed explicit information about her sexual conduct, which was not for the purpose of preventing or detecting crime, had subjected her to harassment. His touchin......

The claimants had lost in their professional negligence action against the defendant. One issue for consideration by the judge was whether the defendant's costs should be assessed on the standard basis or the indemnity basis. The defendant's previously approved costs budget was in the sum o......