The Court of Appeal considered the proper measure of damages for property owners who have suffered damages as a result of negligent design and construction of piling supporting their homes. Some piles settled causing significant cracking which while not structural was sufficiently serious to ren......

No Implied Licence In Respect Of Reckless Conduct Going Beyond Normal Recreational Activities:The Court of Appeal held that in determining whether a person was an licensee and thus a visitor who was owed a duty of care under the Occupiers' Liability Act 1957, the determinative question was not whet......

Three individuals involved in bringing a false personal injury claim imprisoned for contempt It was necessary to distinguish between those that had played a principal role in the scheme and those who had supported it. Whilst Mark Bowyer had described himself as the prime mover, and it was accept......

A trial and an appeal from that trial were separate proceedings for the purpose of the Access to Justice Act 1999 s.29. Therefore a premium for after the event insurance, taken out shortly before an appeal, covering the costs of the appeal and the costs of the trial at first instance, was not recov......

Nightclub owner vicariously liable for acts of employee doorman. A nightclub was vicariously liable for the acts of a doorman supplied to it under an agreement for the provision of security services since the club had control not only over what the doorman did but how he was to do it. An assault ......

Application for a non-party costs order against a local authority for wasted hearings caused by its failure to adequately prepare a report pursuant to s. 37, Children Act 1989. Application granted. Held: An order against a non-party in family proceedings, although within the wide discretion of th......

In this action, the pursuer sought the setting aside of a decision of the defender to award a Framework Agreement to BUPA Home Healthcare Ltd. The Framework Agreement was for an extendable period of two years and was for a compounding, dispensing and delivery service of Trastuzumab, with a nursing ......

No Wasted Costs Where Material Produced as soon as its Significance Realised: The Court of Appeal held that a Wasted Costs Order against a solicitor was not justified where material had been disclosed as soon as its significance became obvious. Although the disclosure given by the solicitor may hav......

The pursuer had an accident at work on 30 May 2003 when a drinks dispensing machine, from which she obtained hot water for pots of tea or coffee, malfunctioned, and fell heavily to the floor, sustaining severe injuries to her right hip and right wrist. The pursuer claimed damages from the defenders......

A costs budget wasn't a cap on costs recovery – but might be soon Summary: the Court of Appeal has allowed a claimant to recover her costs despite the fact that she disregarded the costs management practice direction and exceeded her costs budget. Key issue: was there a goo......

The parties are severely at odds regarding (a) the nature of the work which the pursuer was doing at the time of his accident; and (b) the veracity of his claim to have been an employee of the defender company. As more fully discussed below the defenders maintain that at that time of the accident a......

Crown Appeal Against Sentence:- On 11 April 2008 the respondents pled guilty at a continued preliminary hearing at the High Court of Justiciary at Edinburgh of a contravention of section 3(1) and section 33(1)(a) of the Health and Safety at Work etc Act 1974 which related to a road traffic accide......

Application by employers' insurers for a non-party costs order against solicitors acting for an employee in a personal injury claim without after the event (ATE) insurance. Held: A non-party costs order is exceptional and fact-sensitive. Such an order will be justified were the non-party bec......

Case Management decision limiting expert evidence: On the facts of the case, there was no criticism of a case management decision limiting the appellant to calling an occupational psychiatrist and, not allowing him to call an additional expert in the field of occupational psychology, since the real......

On the facts of the case, there was no criticism of a case management decision limiting the appellant to calling an occupational psychiatrist and, not allowing him to call an additional expert in the field of occupational psychology, since the real issues in the case were factual issues which an oc......

This was an assessment of quantum in a case where a bus had run over a pedestrian causing him serious injury. The court held that both parties should have been keeping a better lookout. Had the Defendant's driver been keeping a better lookout the accident might have been avoided. There was an o......

The shareholders and former directors of a hotel company wished to pursue an action in conspiracy on behalf of the company against its financiers and accountants. Successful at first instance their complaints against their solicitors in respect of the handling of their appeal and in particular for ......