Items starting with G

Damages where Accident Caused Claimant to Behave Criminally. A claimant whose personality changed as a result of the severe post-traumatic stress disorder he suffered as a result of the Ladbroke Grove rail crash, and who was convicted of manslaughter as a direct result of this, was unable to rec......

Judgment concerning an administrator's entitlement to costs in Part 64 proceedings. Held: Where a trustee or beneficiary makes an application concerning a question of construction or of administration which is necessary for the benefit of the trust, the costs are paid out of the estate. Wh......

A former employee was entitled to damages for psychiatric injury and consequential loss and damage that she suffered as a result of harassment and bullying by her fellow employees. The behaviour of the fellow employees was within the scope of their employment, and closely connected to their work t......

Causes of action against a seller of a property and against solicitors for a breach of their duty of care for failure to discover the true property boundary accrued upon the purchaser entering in to the flawed contract for sale rather than at a later time. Accordingly its claims were time-barred. ......

A first instance decision was overturned on appeal where the judge had found that the Defendant had breached its duty towards the Claimant by allowing rainwater to remain on the step of one of its buses. The Claimant had slipped on the rainwater which it was found had been caused by passengers gett......

Where Counsel were retained to advise on obtaining a Group Litigation Order that had been unsuccessful no duty of care was owed by either Counsel or solicitors to the ATE insurers because no advice had been sought before the issue of the ATE policy. In any event the advice of Counsel and the conduc......

Following an auction a memorandum of sale was entered into with the registered leasehold proprietor of the property. A third party then alleged that he owned the property. Following the issue of proceedings the parties agreed that the claim against the registered leasehold proprietor and the cla......

The Solicitors Disciplinary Tribunal had been entitled to make an order under s. 43 of the Solicitors Act 1974 against an individual who falsely represented himself as a solicitor and sought legal fees despite that fact that he had not been dishonest. ......

A claim against an insolvency practitioner for allegedly failing to advise as to the possible criminal consequences of operating the same business under a new name under s. 216 of the Insolvency Act 1986 was not wholly subject to the ex turpi causa doctrine. The rule in Gray v Thames Trains that da......

Settlements made under optional risk offer schemes. Costs were determined in respect of settlements made under optional risk offer schemes which had not existed when the parties had originally entered into a claims handling agreement, which stipulated the fixed costs payable for settlements aris......

Thirlwall J held that the defendant householder was not liable in common law negligence or under section 2 of the Occupiers' Liability Act 1957 in respect of personal injuries sustained by the adult claimant (aged 18) who had dived into his private swimming pool and was thereby rendered tetraplegic......

It was held that the necessity of expert evidence in the instant case could not be determined without seeing an expert report. However, the expert's evidence would at least arguably assist the court and the necessity of that evidence would have to be determined at a later time. In the context of a ......

Unsuccessful claimant in a construction dispute sought an issue-based order and costs for the adjournment of an earlier trial date. In the alternative, it sought a percentage deduction of the other party's recoverable costs. Held: Where the court departs from the general rule that the unsucc......

Solicitors instructed in connection with the sale of land were not liable for the loss incurred following the alleged fraudulent transfer of the land where the vendor knew and approved of the transfer. In anticipation of a sale of land the vendor and claimant in these proceedings pre-signed a trans......

Solicitors served a statutory demand for outstanding fees. The client applied to set it aside on the basis of substantial cross-claim for professional negligence. The claim for professional negligence was in two parts. First it was said that the solicitor failed to register a caution on a prop......

In February 2007, the first pursuer and her husband stayed overnight in a caravan belonging to the first pursuer's brother. The caravan had a gas heater. During the night carbon monoxide from the flue of the heater re-entered the caravan. The first pursuer and her husband sustained carbon monoxide ......

Professional ConductComplaints against the general and vascular surgeon arose in part from procedures carried out more than five years before the complaints. In refusing to stay the disciplinary proceedings the registrar had erred because there were no exceptional circumstances requiring an invest......