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 ......

This case concerns the determination of solatium based on the extent of injuries and their effect on future employability of the pursuer following admitted liability for personal injury caused to the pursuer by the defender in a road accident in 2009. The condition said to be limiting the pu......

Company Negligent for Failing to Act on Notice that Employee was Excessively Stressed:The Court of Appeal upheld the trial judge's finding that the Respondent employer was liable to the Claimant, an employee who had suffered a stress-related illness after being promoted to a position that exceeded ......

(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 ......

The word "defendants" in CRP r. 25.7(2)(e)(ii) meant the Defendants against whom an order for an interim payment was sought. Therefore when a Claimant applied for an interim payment against a number of Defendants on the basis that one or another was liable and they were all insured, it was irreleva......

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......

Professional Conduct. A solicitor used monies from his client account to meet the expenses of his practice. Those sums were repaid with interest. The solicitor accepted that he had been remiss in not advising his clients to obtain independent advice and in respect of two in not advising them of ......

The case involved a workplace accident. The pursuer, a nurse working at the Manchester Royal Infirmary, was transferring a patient by use of a mechanical hoist. The hoist suddenly stopped and she suffered a jerking injury to her back. ......

Between 1988 and July 2002 the pursuer was employed by the defenders. Here she claimed that she suffered injury to her neck, shoulders and back as a result of the work which was allocated to her at certain times during her employment. It was submitted by the pursuer that her injuries were caused by......

Upon the trial of a preliminary issue of fact in a clinical negligence action, Mackay J was required to make preliminary factual findings as to what had occurred during a consultation by the claimant patient with the defendant general practitioner about a growth in his groin, which subsequently tra......

Proof:- In this action the pursuer sought damages from the defenders, her employers, after she slipped on ice in a car par in Aberdeen on 1 March 2004 during the course of her employment. Here at proof all the evidence was agreed by way of a joint minute of admissions, including inter alia that t......

Proof. The pursuer raised an action for damages for personal injuries sustained when he fell off his bicycle. He averred that, as he approached a junction on his left, the first defender was clearly about to pull out of that junction and into the path of the pursuer. In anticipation of that event, ......

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......

An assurance from an orthopaedic surgeon that the surgery would be "well done" was not a material representation that the surgery would achieve a successful outcome and did not indicate that the surgeon was assuming a standard of care higher than would normally be expected. The allegation of neglig......

The claimant had previously been diagnosed with suffering from asbestosis and pleural plaques following exposure to asbestos whilst employed by a number of employers. In 2003 an action against seven of those employers was settled for £26,000. Since then, the claimant had contracted mesotheliom......

Solicitors were not in breach of duty in handling a counterclaim brought by their clients in not ensuring that the opponent had adequate professional indemnity insurance cover in place, in agreeing to a substitution of parties before trial and not warning that there were strong reasons to suppose t......

The Claimant was misdiagnosed by the Defendant GP. The GP diagnosed that the Claimant had colic when in fact he had meningitis. The Claimant suffered mental and physical disabilities as a consequence. The Claimant brought an action against the GP in negligence. That claim failed at first instanc......

This is an appeal against a decision of the Professional Conduct Committee of the General Dental Council (GDC) to erase the pursuer's name from the Dentists Register under section 27B(6)(a) of the Dentists Act 1984. Grounds for striking off: Mr Black held no membership of a defence organisatio......

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......

Appeal to the Court of Session under the General Medical Council's Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988:- In April 2007, following an eight day hearing, the panel found the appellant guilty of serious professional misconduct:- "The panel has ......

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......

Dismissal of occupier's liability claim brought by woman who fell from wall after evening out. The Claimant ('C') claimed damages for a head injury she sustained after falling from a wall. The wall was three foot high and surrounded a sunken moat that surrounded a Roman house. Trees ......

Applicability of s.2 of the Occupiers' Liability Act 1957 - a landlord does not owe a duty to his tenant. N.B - the decision may conflict with Alexander v Freshwater Properties available here The Claimant brought an action against her landlord after slipping on the front step of her rented ......