Items starting with G

Further particulars of claim in a misrepresentation claim by a property developer against chartered surveyors did not cure the defect in the original particulars that no coherent case had been made out and the particulars had to be struck out. ......

Appeal of Costs Order: An appeal against a costs order was dismissed, where both the application seeking permission to appeal and the grounds of the submissions heard at the substantive hearing founded upon a misconception that the appellants had not been awarded the costs of a specific issue. Coun......

This was an ordinary action for damages in reparation for personal injury. The pursuer averred that she sustained injury on 25/8/98 whilst she was working in the course of her employment with the defenders as a Grade C Enrolled Nurse at the Queen Margaret Hospital, Dunfermline, Fife. She averred th......

A claim against solicitors for negligence and breach of contract for failing to draw to the mortgagee's attention various matters succeeded on liability. It was not proven that the mortgagee would have refused to lend even if properly advised and accordingly it had suffered no loss and was enti......

Clients of an accountancy firm were entitled to recover from the partners of the firm as the negligent representations were made by a partner in his capacity as a partner of the other Defendants and in the course of the ordinary business of the firm. It did not matter that those representations wer......

Court Of Appeal Consideration Of The Voluntary Assumption Of Risk Defence Pursuant To Section 5(2) Of The Animals Act 1971The Court of Appeal dismissed the Appellant's appeal against the decision that the Respondent was not strictly liable for the injuries she sustained whilst she was riding a hors......

This claim arose from a road traffic accident on 26 February 2004. Liability was admitted subject to a 1/3 reduction in respect of contributory negligence. The Claimant maintained that he had suffered from pain in both knees, lower back and neck. The Defendant's position was that other than ......

Considerations for Protective Costs Orders: When making an application for a protective costs order for the first time at the appeal stage there was no reason why different considerations from those set out in R (on the application of Corner House Research) v Secretary of State for Trade and Indust......

Appeal Allowed in Part in RSI Claim:Allowing her appeal in part, the Court of Appeal held that although the amount of typing that the Claimant was required to do by her employer was not such as to cause a reasonable employer to foresee any risk of personal injury, the reduction that was made when t......

Value of confidential information. A judgment on an inquiry as to damages suffered by a partner by reason of misuse by former partners of confidential information following the dissolution of the partnership was set aside where the master had misdirected himself as to the correct method of valuing......

Advice on Settlement. After an action relating to unpaid school fees and an alleged breach of contract in respect of the education provided was compromised, the two children brought separate proceedings against the school. The school sued its former counsel and solicitors for failing to protect ......

The claim arose out of an injury in 2008 and was issued in 2011, well before the implementation of the Jackson reforms. However, the claim was funded by a BTE agreement and the Claimant sought qualified one-way costs shifting ("QOCS") protection under CPR rule 44.14. The Defendant therefore made an......

Where the treating doctor should have referred the Claimant to a specialist the Bolitho test is inapplicable to the test of causation. ......

A firm of surveyors was not liable to a bank for a valuation of a property development as security for a loan after the bank lost money when the developer went into administration. The bank's loss had not been caused by the firm's overvaluation of the property's gross development value,......

Only live issue concerns the defenders averments of contributory negligence.Consideration of evidence. ......

The Pursuer was employed by the Defenders as a slater/builder. He and a colleague were instructed to remove slabs from the garden of a property owned by the Defenders. Part of the operation involved breaking up a concrete block and they did so using a pickaxe and a large hammer. As the Pursuer trie......

The Court of Appeal revisited the "coincidence of location" fallacy argument previously coined in Whittle v Bennett [2006] EWCA Civ 1538. Coincidence of location fallacy arises where a defendant acts negligently and, as a result of that negligence, he is in a position where an accident occurs, b......