Items starting with M

New insights from Mark Thorley, co-founder of Thorley Stephenson Solicitors regarding LRK v AG [2021] SAC(CIV) 1.  Children’s views The recent case of LRK v AG [2021] SAC(CIV) 1 has reinforced the premise that the court was bound to ascertain a child’s views unless, as a matter of p......

It was not appropriate to make a wasted costs order against solicitors who had acted for the claimant in an action that had been discontinued. The defendant had not made out an allegation that no reasonably competent solicitor could have concluded that the claimant had any realistic prospect of es......

A claim brought by a former client of a solicitors' firm was struck out on the basis that the Particulars of Claim disclosed no cause of action. An offer had been made in previous proceedings by the other party's insurers which the client had confirmed he wished to accept. An issue arose as......

On 12 May 2007, the pursuer was leaning into the rear nearside door of a stationary taxi in Perth when a car being driven by the defender collided with the taxi. As a result the pursuer was injured. The pursuer raised an action against the defender in which he sought damages of £500,000. The......

Reclaiming motion:- The first and second named reclaimers occupied business premises on St Vincent Street, Glasgow, which were badly damaged during a fire in April 2005. It was averred that the respondent to the action was the property manager of these premises, with responsibility for their mainte......

Legal Aid- Private Client Test. The Claimant applied to judicially review the decision by the Funding Review Committee of the Legal Services Commission to uphold the discharge of his legal aid certificate. The decision was quashed on the basis that the Committee had failed to provide adequate reaso......

Legal Aid- Private Client Test. The Claimant applied to judicially review the decision by the Funding Review Committee of the Legal Services Commission to uphold the discharge of his legal aid certificate. The decision was quashed on the basis that the Committee had failed to provide adequate reas......

The petitioner had raised judicial review proceedings relating to plans to build a golf course and associated leisure development in an area along the coast to the north of Aberdeen. The petitioner sought judicial review of six grants of planning permission. The petitioner later abandoned her peti......

In a claim for professional negligence, the court permitted a late amendment of Particulars of Claim to add a differently pleaded case at the start of trial and an adjournment after it became apparent to the judge that the case that the Claimants were adducing was different to that set out in their......

Costs Judge Gave Inadequate Reasons For Selecting 20% Margin Above Costs Estimate: Morgan J. held that a costs judge had given inadequate reasons for selecting a 20% margin over a costs estimate as the limit on the costs recoverable in a situation where he had been required to determine upon detail......

Although the Court refused to vacate a trial date, in order to minimise prejudice to the defendant, it directed that a Part 36 Offer made up to a week before the trial would have the same effect in protecting the defendant's position as if it were made 21 days prior to the trial. ......

In the circumstances although the client was intelligent and informed there was a duty on the solicitor to explain the workings of the final version of a shareholder agreement to a client before its execution where the client had not previously entered into such an agreement before. Preferably that......

The Pursuer sought damages for injuries he sustained in a road accident. The Defenders admitted that their Insured was responsible for the accident but disputed the value of the Pursuer's claim and a Proof on quantum took place. The Pursuer suffered soft tissue injuries to both shoulders, strains......

Reparation - Debate:- In this action the pursuer, a senior lecturer employed with the defenders from 1999 to 2001, sought damages from the defenders after she went off work with symptoms that she attributed to her excessive workload and lead her to be diagnosed as suffering from a psychiatric inj......

This motion for issues on behalf of the pursuer was opposed by the defender and the third party. On behalf of the defender it was submitted that in the particular circumstances of the case the matters in dispute were sufficiently complex that they would cause confusion to a jury and that amounted......

The trial judge had not erred in implicitly accepting a witness' evidence as truthful despite not clearly expressing his reasoning and consequent findings.A local authority appealed against a decision that it had breached its duty of care owed to the Claimant when she had fallen crossing a grass ve......

Limitation Act 1980, S. 14(2). The proper approach to the question raised by the Limitation Act 1980 s.14(2) in relation to a claimant seeking to bring a personal injury claim outside the three-year period specified in s.11(4)(a) was to consider the reaction to the injury, as opposed to its possib......

An action for damages for loss of chance against a firm of solicitors on the grounds of breach of contract and professional negligence. The firm failed to advise the pursuer that its entitlement to claim pre-award interest or damages in an arbitration had expired, which, the pursuer claimed, result......

Pedestrian Knocked Over By Speeding Motorist Under The Influence Of Alcohol Guilty Of Contributory Negligence To The Extent of 10%:-The claimant pedestrian claimed damages for personal injury and loss arising out of a road traffic accident in which he had been knocked down by a speeding motorist un......

The Claimant was a firm of solicitors who had instructed a barrister to provide advice and represent three claimants at the trial of the underlying action. Shortly before trial both solicitors and Counsel became concerned as to whether one of the claimants was capable of providing instructions.......