Items starting with M

The pursuers, members of the deceased's family, sued a company for negligently installing a handrail which allegedly caused the deceased's fatal accident. The defenders tabled a plea of contributory negligence on the basis that the deceased's ability to descend the stairs was impaired b......

The reclaimer, McGlinchey, challenged a decision that she had failed, on a balance of probabilities, to prove that her injury was caused by an allegedly defective handbrake. The issue was whether the Lord Ordinary erred in deciding the case purely on the basis of a failure to overcome the onus of p......

The judge had been entitled not to exercise his discretion to disapply the limitation period in a case where the claimant was suing a psychiatrist, as a result of an allegedly negligent diagnosis, seven years out of time. ......

Limitation. The Claimant sought damages for personal injuries against a consultant psychiatrist who had reported that he had a moderate degree of post-traumatic stress disorder arising out of the Hillsborough disaster in 1989. Given the prognosis of rapid recovery the Claimant settled his claim fo......

The Pursuer raised an action of damages for injuries sustained in a road traffic accident. He was retired and aged 69 at the time of the accident and 71 at proof. Liability was admitted and the only issue in dispute was the value of solatium. Following the accident, the Pursuer had experienced pain......

Correct assessment of damage. The judge had correctly assessed the level of damages for personal injury sustained during the course of employment. ......

Damages, consent and liability in the context of a road traffic accident claim ......

On the facts, the court was unable to determine whether cigarette smoking was a cause of lung cancer. The pursuer had failed to adduce evidence which gave the court any special knowledge of the subject-matter on which her experts had relied enabling the court to form its own judgment. In any event,......

Judgment concerning entitlement to a Part 36 order, as set out in CPR 36.14(3), where the claimant was awarded damages greater than the claimant's Part 36 offer but ordered to pay the defendants' costs for an abandoned claim. Held, inter alia: Information 'available to the parties&#......

The duty of an accountant to give general tax advice did not include a duty to give advice to the claimant that he was or might be a non-domiciled person and that that status carried with it potentially significant tax advantages. The firm did not specialise in non-domicile tax planning, had not be......

There was nothing in the clinical presentation of a patient to cause a blood specialist to suspect that he was suffering from a rare genetic disorder and there was no breach of duty for failing to treat the patient on that basis. ......

Where Counsel was concerned that evidence was being adduced that was a departure from a pleaded case, it was incumbent upon him to invite the trial judge to rule on that objection and insist on the ruling. It was therefore too late to raise the point on appeal.The appellant employee appealed agains......

The pursuer claimed damages for injuries sustained in a road traffic accident on 15th August 2007. Liability was admitted, and so the issues at proof focused solely on quantum. Evidence was lead before Lady Stacey in July 2010. The pursuer suffered a whiplash injury, which resulted in ongoing b......

Where a court had found the evidence of a purported expert witness on the Ethiopian legal code to have been tendentious and inappropriate, the first stage in the procedure to grant a wasted costs order against the solicitors producing the expert had been met. ......

Workplace (Health, Safety & Welfare) Regulations 1992: On the evidence the judge was entitled to conclude that the appellant's injury had been caused by slipping on dust and that there had been a breach of regs. 5 and 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992. ......

In July 2005, two sons of the pursuer were walking along a pavement towards an ice-cream van, when one fell into the road and was trapped under the nearside rear wheel of the defender's vehicle. He sustained numerous serious injuries, including a fractured jaw, the loss of two front teeth, and frac......

Expert evidence- Findings of Fact. A judge's view that a midwife would not have failed to notice a prolapsed umbilical cord during a medical examination was a view that was he was clearly entitled to take on the evidence as, over a considerable period, he had been able to assess her as a witness a......

Solicitors' Conduct Of Property Transactions Not Negligent Henderson J held that the defendant solicitors' firm were not liable to their clients for damages for professional negligence, breach of fiduciary duty or breach of trust. The defendant had been instructed by the clamant to act on their beh......

Personal Injury:- In this action the pursuer, a principal teacher in Glasgow, raised an action against his employers for (1) loss, injury and damage caused by the defenders' failure to take reasonable care for his health and safety; and (2) breaches by named employees of Section 8 of the Protecti......

Outer House, Court of Session-Reparation-Personal Injury-Action of damages arising out of an accident at a barge in Norway. The pursuer was working as a pipe fitter. He required to negotiate a step over an exposed area of floor. there was piping under the floor. in the circumstances, the pursuer ch......

This is Outer House case in which Mr Leonard sought damages from the Loch Lomond and the Trossachs National Park Authority after falling and injuring himself while descending a path forming part of the West Highland Way at Balmaha. Arguments Mr Leonard (who had been 12 at the time of the acci......

Motion for dismissal:- In this minute the defenders sought dismissal of the action on the basis of inordinate and inexcusable delay on the part of the pursuer in proceeding with the action. The pursuer raised a professional negligence action in 1998 against a consultant gynaecologist and a consul......