The solicitors advice as to the prospects of success on the construction of the territorial extent of a non-compete clause was while more optimistic than some more cautious solicitors might have given, within the range of opinions that could properly be given. There was no breach of duty in not adv......

Where a client is given positive legal advice as to the prospects of his claim it would be expected that the client relied on that advice in continuing his claim and the evidential burden of disproving a causative effect should shift to the law firm to disprove it. The advice given by the law firm ......

In this action the pursuer sought damages for an injury to his left eye which he sustained during his employment with the defender. Here the pursuer moved for issues to be allowed and the cause appointed to jury trial. The motion was opposed by the defender who moved for a proof. It was opposed on ......

A hospital breached its duty in failing to carry out a sufficiently thorough examination of a patient and by delaying the diagnosis of anterior compartment syndrome and caused disability. ......

Unreasonable conduct and indemnity costs: The Defendant was ordered to pay indemnity costs to the Claimant owing to its unreasonable conduct during the litigation. The Claimant had made an application for summary judgment. This was dismissed on the basis that the defence case indicated that a trial......

Negligent interpretation of untrasound. The court held that, although a consultant had carried out the ultrasound procedure carefully, he could not have exercised reasonable care and skill in concluding on the basis of that examination that the relevant fetal brain structures were present. ......

Reparation - Proof:- In this action the pursuers were the executors and family of the deceased who died from mesothelioma in 2005. The defenders were the successors of the rights and liabilities of the former employers of the deceased. At proof a joint minute of admissions was entered in to in wh......

Pursuer avers that as a result of the fault on the part of the defenders she sustained a partial tear of her rotator cuff tendon. The defenders deny the pursuers averments and claim that any problem the pursuer had with her shoulder were caused not by any ......

Reparation - Appeal from the Sheriff Court:- On 12 January 2000, the pursuer was injured while working as a nurse in the National Health Service at Canniesburn Hospital. The pursuer's injuries were caused by the negligence of an employee of the defenders for which they were vicariously liable and......

Proof: Regulation 12(3) Workplace (Health, Safety and Welfare) Regulations 1992: injury when pursuer slipped on stairs due to slippery substance. The pursuer brought an action for damages for injuries sustained when she slipped on stairs during her employment as a janiter at a school. The incident ......

Here the court considered this petition for judicial review of decisions by the Committee of the Club to uphold a complaint against Mr Lindsay Smith and suspend him from membership of the Club. Another member of the Club complained to the Captain of the Club that Mr Smith had cheated in a match pla......

The claimant was a patient within the meaning of the Mental Health Act 1983 Part VII and CPR Part 21. ......

The pursuer (and appellant) was a nine year old girl who climbed into the rafters of a shelter in the playground of her primary school where she fell and injured her wrist. The defenders (and respondents) were the local authority whom the pursuer sued for breach of s.2(1) of the Occupiers Liability......

Claims effectively compromised by agreement to discontinue. On the facts, the claimants' actions against their former employer for personal injury for chemical exposure had been validly compromised by an agreement made by telephone between the parties' solicitors that the claimants would discontin......

6 Week Prison Sentences For Respondents Who Had Admitted Bringing A Fraudulent Personal Injury Claim:Sir John Thomas (President) and Silber J granted the Applicant insurance company's application for the committal of the Respondents for contempt of court. The Respondents had admitted bringing and s......

Petition for Judicial Review:- The petitioners, Lloyds Pharmacy Ltd, averred that Lanarkshire Health Board's decision to refuse their application for a minor relocation of their pharmacy under Regulation 5(1) of National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009, was unla......

Solicitor and partner Mr Anis Waiz of Mohindra Maini LLP continues his critical review of current case law. This important case arose from a mortgage fraud and facts which are all too familiar to lenders and solicitors. There are a number of key issues as to completion and breach of trust i......

Rylands v Fletcher: Cutting polystyrene blocks with a hot wire machine in factory premises constituted non-natural user of land for the strict liability of Rylands v Fletcher to apply. Further nuisance and negligence were established against the factory owners. Although the landlord was not neglige......