Items starting with K

The pursuer had been a sufferer for epilepsy and had been prescribed vigabatrin (the propriety name of which is Sabril) in 1989 to treat and manage his condition. In 1999, the pursuer attended his GP for a visual fields test, following his concerns about Sabril and its effect on vision after readin......

Reparation - Allowance of Issues:- In this action the pursuer sought damages following an accident at work in April 2004 when the pursuer sustained serious injuries to his right leg when he fell through a gap in a walkway in the course of his employment with the defenders. The defenders conceded li......

This action was an appeal against an interlocutor of the Sheriff Principal at Glasgow upholding a decision of the Sheriff, who had excluded certain averments of the pursuer and the appellant, and had excluded certain craves against the first and second defender. The appellant had alleged that on 6......

On the facts, time had started to run for limitation purposes when the employee's doctor concluded that there was a real possibility that his working conditions had caused his hand arm vibration syndrome, as that would have put the reasonable man on notice to investigate the link further. However, ......

On the facts, time had started to run for limitation purposes when the employee's doctor concluded that there was a real possibility that his working conditions had caused his hand arm vibration syndrome, as that would have put the reasonable man on notice to investigate the link further. However, ......

Appeal concerning a solicitor's entitlement to recover costs from a paying party where settlement is paid directly to a client despite notice being given that there is an outstanding costs debt. Held: Collusion and notice are parallel routes to an equitable interference with the disposal of ......

A clinical scientist's fitness to practise was clearly impaired by reason of lack of competence where the evidence showed a substantial number of errors across a broad area, concerning different topics and over a considerable period of time. It was clear from the evidence that those were serious er......

It was open for the court, after finding that accidental death was possible, to discount the less likely possibility of suicide, thus finding on the balance of probabilities that accidental death had occurred. ......

Civil Evidence: Expert/Factual Evidence. A judge had erred in refusing to admit the evidence of a surgeon who had treated the claimant in a personal injury action, on the basis that to admit the evidence would have exceeded a limit on expert witnesses allowed at trial, as his statement was merely......

Outer House case concerning the damages payable as a result of a solicitor's professional negligence. VMH LLP advised Kirkton in relation to the purchase of a site at 144 to 148 Slateford Road in Edinburgh in 2005 from HBJ 590. The site had the benefit of conditional planning permission fo......

This is a significant judgment marking a change in the conduct of civil jury trials in Scotland. An enlarged bench was convened to hear conjoined motions for a new trial on the grounds, inter alia, that a) damages awarded by the juries were excessive (section 29(1)(d), Court of Session Act 19......

It could be legitimately inferred from the conduct of the client that he had agreed to a proposed variation by a firm of solicitors of an initial retainer, in relation to an action brought by the client against his former employers, in order to reflect a collective conditional fee agreement entered......

The principles relating to costs capping orders laid down in King v Telegraph Group Ltd (2004) EWCA Civ 613 , (2005) 1 WLR 2282, a defamation case, were not applicable to all litigation. In the instant case the fact that the claimant was instructing solicitors under a conditional fee agreement with......

Appeal of, among other things, an order requiring a firm, who retained and used money received into their client account from the claimants to settle fees contrary to an assignment, to pay 75% of the claimants' costs. Held: There was no arguable basis for a challenge to the costs order. The ......

Insurance- Doctrine of Election. The consequence of a failure on the part of an insured to comply with a condition precedent requiring the immediate notification to the insurers of the occurrence of any injury or damage was not that the insurers were automatically discharged from liability, but ra......

Reasonableness of CFA success fee for detailed assessment: When called upon to assess the reasonableness of a success fee, the court must have regard to the facts and circumstances as they reasonably appeared to the solicitor at the time that the CFA was entered into, and not the facts and circumst......

The pursuers here were the stepson and the youngest son of the deceased, Gerald James Toms, who died on 12 October 2000, as a result of falling asleep at the wheel of a lorry which he was driving for the Post Office, then trading as Parcelforce Worldwide. and were, or should have been, aware of the......