Costs & Damages

The pursuer was the mother of the later Nikki Williamson, who died in the Southern General Hospital, Glasgow on 1 November 2003, aged 15. The pursuer sought damages in respect of the loss suffered on account of her daughter's death. Each of the defenders was sued on the basis of their vicarious lia......

Proof:- On 31 January 2004, sapper Robert Thomson, a member of 35 Regiment, Royal Engineers, was killed during his fourth tour of Iraq when he was crushed by earth when it collapsed on him whilst he was recovering soil samples from a trench. Here his mother and brother sought damages from the Minis......

It was not appropriate to make a wasted costs order against solicitors who had acted for the claimant in an action that had been discontinued. The defendant had not made out an allegation that no reasonably competent solicitor could have concluded that the claimant had any realistic prospect of es......

On 12 May 2007, the pursuer was leaning into the rear nearside door of a stationary taxi in Perth when a car being driven by the defender collided with the taxi. As a result the pursuer was injured. The pursuer raised an action against the defender in which he sought damages of £500,000. The......

Reclaiming motion:- The first and second named reclaimers occupied business premises on St Vincent Street, Glasgow, which were badly damaged during a fire in April 2005. It was averred that the respondent to the action was the property manager of these premises, with responsibility for their mainte......

Legal Aid- Private Client Test. The Claimant applied to judicially review the decision by the Funding Review Committee of the Legal Services Commission to uphold the discharge of his legal aid certificate. The decision was quashed on the basis that the Committee had failed to provide adequate reaso......

Legal Aid- Private Client Test. The Claimant applied to judicially review the decision by the Funding Review Committee of the Legal Services Commission to uphold the discharge of his legal aid certificate. The decision was quashed on the basis that the Committee had failed to provide adequate reas......

The petitioner had raised judicial review proceedings relating to plans to build a golf course and associated leisure development in an area along the coast to the north of Aberdeen. The petitioner sought judicial review of six grants of planning permission. The petitioner later abandoned her peti......

Costs Judge Gave Inadequate Reasons For Selecting 20% Margin Above Costs Estimate: Morgan J. held that a costs judge had given inadequate reasons for selecting a 20% margin over a costs estimate as the limit on the costs recoverable in a situation where he had been required to determine upon detail......

Although the Court refused to vacate a trial date, in order to minimise prejudice to the defendant, it directed that a Part 36 Offer made up to a week before the trial would have the same effect in protecting the defendant's position as if it were made 21 days prior to the trial. ......

Reparation - Debate:- In this action the pursuer, a senior lecturer employed with the defenders from 1999 to 2001, sought damages from the defenders after she went off work with symptoms that she attributed to her excessive workload and lead her to be diagnosed as suffering from a psychiatric inj......

This motion for issues on behalf of the pursuer was opposed by the defender and the third party. On behalf of the defender it was submitted that in the particular circumstances of the case the matters in dispute were sufficiently complex that they would cause confusion to a jury and that amounted......

An action for damages for loss of chance against a firm of solicitors on the grounds of breach of contract and professional negligence. The firm failed to advise the pursuer that its entitlement to claim pre-award interest or damages in an arbitration had expired, which, the pursuer claimed, result......

Judgment concerning entitlement to a Part 36 order, as set out in CPR 36.14(3), where the claimant was awarded damages greater than the claimant's Part 36 offer but ordered to pay the defendants' costs for an abandoned claim. Held, inter alia: Information 'available to the parties&#......

The pursuer claimed damages for injuries sustained in a road traffic accident on 15th August 2007. Liability was admitted, and so the issues at proof focused solely on quantum. Evidence was lead before Lady Stacey in July 2010. The pursuer suffered a whiplash injury, which resulted in ongoing b......

Where a court had found the evidence of a purported expert witness on the Ethiopian legal code to have been tendentious and inappropriate, the first stage in the procedure to grant a wasted costs order against the solicitors producing the expert had been met. ......

The court determined liability for costs following a claim in which each party had won on one of the two key issues, but where the claimant was successful overall on a point raised only shortly before the trial began. ......

Insurers and owners sought compensation under the Riot (Damages) Act 1886 for losses incurred during the looting and destruction of the Sony distribution warehouse in London during the August 2011 riots. The issues: the meaning of 'persons riotously and tumultuously assembled together' in s......

The trial judge had correctly exercised his discretion in directing a Sanderson order against the unsuccessful party who, in defending the claim, had sought to blame the claimant's employer. ......

Debate:- In this action the pursuers, the proprietors of a building in Glasgow, sought damages from the defenders. In 1999 the gable wall of that building was damaged in the course of demolition works which were in progress on an adjacent building, that decision to demolish it on public safety gr......

Judgment concerning costs in judicial review proceedings where the claimant was funded by the Legal Aid Agency under a high costs case plan and both parties had won on two distinct issues. The costs of the issue the claimant lost were substantially greater than those of the issue it won, raising th......

Reparation:- Between March 1999 and April 2004 the pursuer was employed by the defenders at their premises in Inverurie. In this action the pursuer sought damages for personal injuries which she said she suffered as a result of being exposed to formaldehyde and other chemicals during her work in ......

On 8 January 2007 the pursuer stepped off a pavement on Great Western Road, Glasgow into a pothole on the road, fell down and suffered an injury to her leg. The case was brought on the basis that the defenders had a duty to take reasonable care to maintain the road in a safe condition for persons w......

Proof:- On 18 May 2001 members of the Glasgow University Geological Association were travelling, in two minibuses, northwards on the A9 in Perthshire. The front minibus collided head-on with an ex-military Land Rover driven by the first defender. In the minibus the pursuer was seriously injured a......