A judge's award of costs based on a Claimant's Part 36 offer was illegitimate as the offer had been withdrawn the Court could rely on the consequences of a previous unwithdrawn Part 36 offer.It was agreed between the parties that the judge's award of costs based on the second Part 36 offer was tech......

Application for Non-Party Costs Should be Dealt With by Trial Judge: Andrew Smith J. held that the trial judge should hear an application for a non-party costs order unless there were compelling reasons for him not to do so. This was so even though the judge had expressed a view about the conduct o......

Proof: Occupiers Liability (Scotland) Act 1960: slip on tennis court. The pursuer brought an action for damages for injuries sustained when he fell on astroturf tennis courts owned and occupied by the defenders. The pursuer claimed that there was green moss on the surface of the court and on the vi......

The pursuer, as curator ad litem for Ronald Pate, sought damages on behalf of Mr Pate who suffered injuries when he fell from a roof which he had been tiling in the course of his employment. Quantum had been agreed and the case proceeded on the question of liability and contributory negligence. Mr ......

The obligations of a clearing broker in liquidating an investment fund's trading position were not subject to the statutorily implied term under s. 13 of the Supply of Goods and Services Act 1982. The contractual terms did not require any particular duty of care in that liquidation and it would be ......

Although the health authority accepted that it was in breach of duty in failing to control drug levels during labour, the judge had been entitled to find that this was not causative of the hypoxic event that caused damage to the brain. Although one part of the judgment was not fully reasoned that ......

Assessment of Damages. In an assessment of damages for personal injury, the judge had failed to take into account the fact that the claimant might have suffered the back injury regardless of an accident at work and he therefore set the multiplier too high when assessing loss of future earnings. Fur......

The Court allowed the Appellant's appeal against the dismissal of her claim for damages for a leg injury sustained as a result of tripping and falling over a plastic icicle christmas tree bauble during a visit to Santa's grotto. The Court of Appeal approached the issue of whether the Respondent eve......