Issue is whether and to what extent the third party was liable to contribute to the damages to which the defenders were liable to pay to the pursuer. Reference is made to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 Section 3(2) in that there are two questions to be addressed: firs......

The Claimant brought proceedings against her husband's insolvency practitioners on the basis that they owed her a duty of care as a result of representations made. The court found that the representations relied upon had not been made. ......

The Court of Appeal held that the judge at first instance had been wrong to infer that the claimant had been involved in a staged road traffic accident. The claimant (C) was the driver of a vehicle which was supposedly in a collision with a vehicle being driven by the first defendant (D1). D2 wa......

The Claimant was an engineer who was admitted to the Defendant hospital for treatment to a cancerous growth in his bladder. He was put under general anaesthetic in the course of a cystoscopy. When he awoke after the operation, he found that he was suffering from severe pain in his left shoulder. It......

Claimant had not established “Material Damage” for Misfeasance Claim:It was held that a Claimant whose anxiety had manifested itself in the form of physical symptoms of numbness to his arm and leg had not established that he had suffered material damage for the purposes of a claim for m......

Coulson J dismissed the claimant's claim for damages against the defendant NHS trust?s alleged negligent treatment of him upon admission into one of its hospitals. Coulson J held that the defendant had negligently failed to diagnose the claimant as having Cauda Equina Syndrome ('CES') and thus did ......

Allegations against a dentist's misuse of dental instruments for personal hygiene while vague in respect of the charges were clear in terms of the behaviour alleged. As even isolated instances would have been unacceptable. A fair hearing was still possible. Issues of delay and lack of specificity a......