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Categories starting with D

Damages (65)

Items starting with D

D?Souza v The Law Society (DC) (27 July 2009)

The Law Society should take in to account the means of a solicitor in approaching sanctions and costs and that where exceptional poverty was present a commensurate reduction in the fine and costs order which was proportionate to the breaches of the code and took in to account the prospect of futur......

Da Costa v Oloho & Ors [2012] QBD (Admin) 25/05/12

A master was fully justified in not ordering a split trial where there was an overlap on the issues of liability and quantumIt was held that the master had in mind the nature of the accident and the need for one judge to look at the whole matter when determining there should not be a split trial in......

Dadourian Group International Inc & Ors v Simms & Ors [2007] EWHC 454 (Ch) (08 March 2007)

Whilst the outcome of the parties' separate claims was different, the issues and the evidence were so inextricably intertwined that it was not appropriate to make an issue-based costs order and it was preferable to instead impose a percentage reduction of the claimants' costs which they could othe......

Dale McFarlane v. Barry Thain & James Campbell & The Motor Insurers Bureau [2007] CSOH 176

Personal Injury - Proof Before Answer:- On 17 June 1999 the pursuer was the pillion passenger on a motor cycle being driven by is friend, the first defender, who was uninsured. The motor cyle collided with a motor car being driven by a 67 year old man, the second defender. Due to the first defend......

Dale McFarlane v. Barry Thain & James Campbell & The Motor Insurers Bureau [2009] CSIH 64

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......

Daniel Moffat v The Advocate General for Scotland

The Pursuer was formally a soldier in a Scottish regiment He was subsequently medically discharged due to a dermatological problem. The Pursuer claimed that he was suffering from mycosis fungoides which started during his term in the forces. He claimed it was due to his exposure to chemicals which ......

Daniel Stalker v. Lothian Health Board [2008] CSOH 77

Proof - Professional Negligence:- The pursuer, a 51 year old man, was married in 1980 and he and his wife had four children. Following the birth of their fourth child in 1995 the pursuer decided to have a vasectomy. On 7 May 1996 he attended the Family Planning and Well Woman Clinic at 18 Dean Te......

Daniel Stalker v. Lothian Health Board [2008] CSOH 77

Proof - Professional Negligence:- The pursuer, a 51 year old man, was married in 1980 and he and his wife had four children. Following the birth of their fourth child in 1995 the pursuer decided to have a vasectomy. On 7 May 1996 he attended the Family Planning and Well Woman Clinic at 18 Dean Te......

Daniels v Commissioner of Police of the Metropolis, High Ct, 5/7/2006

In cases of harassment under the Protection from Harassment Act 1997 the claimant had to prove a course of conduct by either an individual employee or a group of employees in order to establish the primary liability for which the employer would be vicariously liable. ......

Danny Ryer v The Highland Council, [2013] CSOH 95, 13 June 2013

Proof: Damages (Scotland) Act 2011 :Section 4(3)(b)(ii) and (iii): the pursuer brought an action for damages arising out of his mother's death when her car left a road on a bend and she was killed. The accident happened shortly before 6am. Temperatures had been low. The Defenders were responsib......

Darby & Darby (A Firm) v Joyce [2014] EWCA Civ 677 - 20/05/14

This is an appeal by a firm of solicitors against damages ordered for professional negligence. It was claimed that the firm had acted negligently in the conduct of a dispute concerning restrictive covenants. It was held unanimously that the cost of injunction proceedings to enforce a cessation of t......

Davenport v Farrow [2010] EWHC 550 (QB) (18 March 2010)

Athlete's Coach Not Liable For Personal Injuries Which On Balance Of Probabilities Had Been Sustained Prior To Relevant Time Alleged:Owen J dismissed the Claimant athlete's claim for damages for personal injuries and loss in respect of vertebral stress fractures alleged to have been sustained durin......

David & Doreen Stewart v Aftab Ahmed Malik ? Ayr Sheriff Court, 29 April 2008

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......

David Clark v. Argyle Consulting Limited [2010] CSOH 154

The pursuer became a client of the defenders in July 2000. The defenders were a firm of independent financial advisers. At the time of engaging the defenders' services, the pursuer sought to review his pension provision. After the pursuer's investments were not as successful as was originally hoped......

David Hynds v David Reekie & Sons Ltd, [2013] CSOH 92, 11 June 2013

Proof: Personal Injuries: Liability not in dispute; proof on quantum. The pursuer suffered injury when, in the course of his employment, a heavy cutting machine fell on top of him. The pursuer was trapped in a bent over position. The weight of the machine caused an unusual low velocity, high torque......

David Kipling v Dunbar Bank, [2012] CSOH 406, 6 March 2012

Outer House case relating to a personal guarantee granted by Mr Kipling to Dunbar Bank. The bank issued a charge for the payment of over £1m on Mr Kipling on the basis of the guarantee. Mr Kipling argued amongst other things that he was not liable to pay as the bank had agreed to waive i......

David Lyons v Wm Morrisons Supermarkets PLC [2010] CSOH 50

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......

David Morrison v Whiteinch Demolition Ltd [2006] CSOH 67

Here the pursuer sought an additional fee in terms of rule 42.14(a), (b) and (e) of the Rules of the Court of Session 1994. As to head (a), "the complexity of the cause and the number, difficulty or novelty of the questions raised", the issue of complexity was centred on the medical consequences of......

David Paterson v. Grattan Plc, Sheriff Brian A. Murphy, Kilmarnock Sheriff Court, 2 November 2010

In April 2004, the pursuer purchased a bicycle from the defenders by mail order. On or about 9 April 2004, the Pursuer was out cycling alone on the bike when he was involved in an accident. On or around the following, the pursuer and his father took the bike to North Ayrshire Cycles to be inspected......

David Pearce v. Steven Ferguson and Another [2009] CSOH 39

Procedure Roll:- On 6 March 2009 the judge here issued an oral decision following a debate on the pursuer's pleadings. At the behest of the first defenders a written opinion was issued. The debate only proceeded in relation to the first preliminary plea of the first defenders. The case was raised......

David Sandeman Boath v. Perth and Kinross Council [2009] CSOH 66

This cause was remitted from Perth Sheriff Court and raised important questions concerning the Community Care and Health (Scotland) Act 2002. It was submitted on behalf of the pursuer that a range of services provided by the defenders to him and to his late wife should have been provided free of ......

David Truex, Solicitor (a firm) v Kitchin [2007] EWCA Civ 618 (04 July 2007)

A solicitor should consider at the outset whether or not a client might be eligible for legal aid. It was wrong for a firm to incur fees on a private basis and then to recommend that the client transfer to a legal aid firm as to the transfer to another firm after advice had been given and a relati......

David Truex, Solicitor (a firm) v Kitchin [2007] EWCA Civ 618 (04 July 2007)

A solicitor should consider at the outset whether or not a client might be eligible for legal aid. It was wrong for a firm to incur fees on a private basis and then to recommend that the client transfer to a legal aid firm as to the transfer to another firm after advice had been given and a relati......

David v Honeywell Normalair -Garrett Ltd. [2006] EWHC 351 (QB) (02 March 2006)

Alleged negligent exposure to uranium. Where a claimant had failed to establish the presence of depleted uranium both in his body and in the defendant's workplace to support his claim for damages for personal injuries as a result of alleged exposure to uranium during the course of his employment, ......

David Whelan v. Quarriers & John Porteous [2006] CSOH 159

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The second defender was employed by the first defenders and the pursuer averred that he ......

David Whelan v. Quarriers & John Porteous [2006] CSOH 159

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The second defender was employed by the first defenders and the pursuer averred that he ......

Davidson v Aegis Defence Services (BVI) Ltd & Anor [2013] QBD (N. Wilkinson QC)

A claimant's application under section 33 of the Limitation Act 1980 for an extension of time to bring a personal injury claim was refused where the delay had exacerbated the existing difficulty the court faced in properly investigating and determining liability. The claimant applied for an ......

Davies & Ors v Secretary of State for Energy and Climate Change [2012] EWCA Civ 1380 - 25/10/12

A judge had not erred in refusing to exercise his discretion under the Limitation Act 1980 to disapply the basic limitation period. It was held that the judge did not determine that the claims had no reasonable prospect of success. He recognised that the appellant's description of the condit......

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