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J.A. McClelland and Sons (Auctioneers) Limited v. I.R. Robertson and Partners Limited and Vexamus Water (Scotland) Limited [2009] CSOH 11

In this action the pursuers, operators of livestock markets, sought damages for losses resulting from the selection and provision of an effluent treatment system for a livestock market at Ballymena, Northern Ireland. The pursuers sued the first defenders, who are consulting civil engineers, for b......

J.M. v. Fife Council [2008] CSIH63

Reclaiming Motion:- The pursuer and reclaimer was resident in St. Margaret's Children's Home, Elie, Fife. The home was run by the statutory predecessors of the defenders and respondents. The pursuer sought damages for loss, injury and damage sustained as a result of sexual and non-sexual abuse in......

J.S. v. Lothian Health Board [2009] CSOH NUMBER97

Procedure Roll:- In this action the pursuer sought damages in respect of loss, injury and damage which the pursuer claims to have suffered due to negligence in her ante-natal care in 1994. At debate counsel for the defender invited the court to sustain the defenders' first plea in law and dismiss......

JAC Richards v Swansea NHS Trust [2007] EWHC 487 (QB) 13/3/07

Clinical Negligence. Once the decision to deliver by emergency Caesarean section had been taken, the hospital owed a duty of care to deliver the Claimant as quickly as possible with the aim of delivering him within 30 minutes in accordance with the guidelines. Where the Defendant had provided no ......

Jacqueline Donoghue v. Greater Glasgow Health Board & Laing O'Rourke Scotland Limited [2009] CSOH 115

In this action the pursuer, a porter at Glasgow Royal Infirmary, sought damages from the defenders, her employers, for an accident which occurred during the course of her employment when she slipped on loose stones on the stairs at the GRI and fell and injured her back. The basis of the pursuer's......

Jacqui Louise Smith v. The Highland Council [2009] CSOH 149

This relates to a hearing in terms of Rule of Court 42.4(4) in respect of a Note of Objection for the pursuer to a Report by the Auditor of Court in relation to an account of expenses lodged by the solicitors for the pursuer in the action and related to the Auditor's disallowance of certain charges......

Jakishan Patel v Fortis Insurance Ltd [2011], (CC Leicester), 23/12/11

A Claimant who had elected to withdraw from the Pre-action Protocol for Low Value Personal Injury Claims in RTA's was only entitled to his costs under the protocol.A motor vehicle insurer had failed to acknowledge a PI claim notification from in accordance with the procedure under the Pre-Action Pr......

James Doran v. Shanks Waste Management [2010] CSOH 91

The pursuer was employed by the defenders as a HGV driver until an accident occurred at work in August 2008. He was dismissed from his employment one month later following disciplinary procedure. At the time of the accident, he had been driving lorries for approximately 40 years. On the date of t......

James Gibson Baillie v. ECG Group Limited

Defender opposing motion for issues on the basis that certain parts of the pursuers pleadings were of doubtful relevancy and others were too complex for consideration by a jury. ......

James Gibson v. Kevin Colin Whyte [2007] CSOH 17

The pursuer claimed that on 23 October 2001 he was working in the course of his employment for the defender as a window cleaner, cleaning the windows of a house at 11 East Hermitage Place, Edinburgh, when the unsecured ladder he was on slipped causing him to fall causing his injury. The pursuer ave......

James Johnstone v. Amec Construction Limited [2010] CSIH 57

The pursuer and appellant injured his leg, when he tripped over part of a metal barrier fence during the course of his duties as a security guard, at a school construction site in East Kilbride in July 2006. Quantum had been agreed between the parties at £4,000, however the Sheriff at first in......

James Love v North Lanarkshire Council {2007} CSOH 10

The pursuer was suing the defenders in reparation for injuries which he sustained in the course of his employment as a swimming pool attendant. Whilst in the staff locker room, a glass bottle was accidentally knocked and exploded. The glass cut the pursuers leg. At common law, the pursuer alleged t......

James MacDonald v. Wood Group Engineering (North Sea) Limited [2010] CSOH 165

In this action, the pursuer sought damages for injuries which he sustained in the course of his employment with the defenders while working aboard the Brent Bravo Oil Production Platform in the Scottish sector of the North Sea. At the time of the incident the pursuer (an experience deck crew rigger......

James McKenzie Clegg and Another v. Jane Rogerson & Network Rail Infrastructure Limited [2007] CSIH NUMBER 87

Reclaiming Motion:- On 5 May 2001 a car driven by Miss Rogerson, the first defender, with her boyfriend Mr Thomson as the front seat passenger, and a three year old girl, Sarah Clegg, in the back seat, attempted to cross a level crossing. The crossing was operated by Network Rail, the second defend......

James Murray Smith v. Golar-Nor Offshore A/S [2007] CSOH 161

Reparation - Debate:- The defenders enrolled the following motion:- "On behalf of the defenders, to grant decree of dismissal and award the expenses of the process in favour of the defenders on account of the pursuer's inordinate delay in pursuing the action". The motion was opposed, and a debate t......

James Robertson v BAE Systems Marine Limited, Court of Session 5th October 2010

The pursuer was a shipwright who was injured at work on 16th January 2007. He was working on a new naval destroyer at the Defender's Govan shipyard, when he slipped on an manhole cover on deck which had not been properly replaced and secured. The pursuer's case was that he suffered a fractured skul......

James Walsh v. TNT UK Limited [2006] CSOH 149

This was an action for damages for personal injuries sustained in the course of employment. The pursuer pleaded a case under Regulation 4 of the Manual Handling Operations Regulations 1992 as amended :- "Each employer shall - (a) so far as is reasonably practicable, avoid the need for his employees......

Jamie-Rae Cook (By her litigation friend & Mother Karen Cook) v (1) David Andrew Cook (2) Elizabeth Harriet Walker (2011), QBD, 28/06/11

It was the normal rule, and desirable practice, that all outstanding issues between the parties should, where possible, be resolved at a single hearing and the principle of the public interest in the finality of litigation remained crucial. Further, a judge should not be tempted to invent rules to ......

Janice Burgess v. Napier University [2009] CSOH 6

Proof:- The pursuer, an employee at Napier University, was invigilating at an exam at Merchiston Campus on 16 August 2006. At the end of the exam the pursuer collected the exam papers and left the room. As she did so, she tripped and fell against a wall injuring herself. Here the pursuer claimed ......

Japp v Virgin Holidays Ltd [2013] EWCA Civ 1371 - 07/11/13

Appeal by a tour operator against a finding of liability for personal injury caused when the claimant walked through a hotel room's glass balcony doors. The issue was whether the judge erred in finding that the reference date for compliance with local standards, when determining a tour operator......

Jasmine Trustees Ltd & Ors v Wells & Hind (A Firm) & Anor [2007] EWHC 38 (Ch) (19 January 2007)

Solicitors. The Defendant solicitors were alleged to have failed to have identified and advised in respect of the validity of trust appointment documents by previous advisers and the consequential income and capital gains tax. The Court determined as preliminary issues whether the trustees were r......

Jassi v Gallagher & Anr, High Ct (Ch D) 21/12/2005

Failed professional negligence claim. Applying the standard in Moy v Pettman Smith (a firm) [2005] UKHL 7 (2005) 1 WLR 581, a barrister had not been negligent in the advice he had given to a tenant regarding the desirability of serving a protective notice under the Leasehold Reform Act 1967. ......

Jassi v Gallagher & Anr. (Ch. D) 21/12/05

Legal. In proceedings against a barrister who had acted in an unsuccessful attempt by the claimant to enfranchise under the Leasehold Reform Act 1967, it was alleged that he failed to advise the service of a protective notice whilst the validity of an earlier notice was being contested. Whilst......

JD v Mather [2012] EWHC 3063 (QB) - 1/11/12

In assessing the issue of causation in a clinical negligence claim, a timely diagnosis of a malignant melanoma in the claimant's groin would not have increased the changes of disease-free survival, but it would have increased life expectancy by three years. ......

JD v. East Berkshire Community Health NHS Trust & Ors [2005] UKHL 23 (21 April 2005)

Duty of Care: The subject of an investigation into suspected child abuse could not recover damages against the investigating health authority of that investigation was carried out in good faith but carelessly. The duty of care was different to that owed to the children by the health authorit......

Jean Craigie v. Lanarkshire Health Boad +Prospect Healthcare (Hairmyres) Limited

Hearing on liability in terms of Regulation 12 of the Workplace (Health Safety and Welfare) Regulations 1992. ......

Jeroen Van Klavern v. Servisair (UK) Limited [2008] CSOH 136

Reparation:- In this action the pursuer sought damages of £200,000 following an accident on 12 August 2004 when the pursuer was working in the course of his employment as a baggage handler with the defenders at Aberdeen Airport. Here on behalf of the pursuer counsel sought summary decree and......

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