Negligence

Allegations against a dentist's misuse of dental instruments for personal hygiene while vague in respect of the charges were clear in terms of the behaviour alleged. As even isolated instances would have been unacceptable. A fair hearing was still possible. Issues of delay and lack of specificity a......

The pursuers, owners of a gas pipe that leaked and caused an explosion at Grovepark Mills in 2004 resulting in the death of nine people and serious injury to forty-five, sought contribution towards damages from the defender, the industrial gas supplier, under s. 3(2), Law Reform (Miscellaneous Prov......

In a case involving allegations of professional negligence, the defendant was entitled to indemnity costs where the claimants' unwillingness to accept an amount offered in settlement by the defendants equivalent to an amount offered by the claimants only a few days before. ......

Where a party required further investigations to determine whether or not a claim for professional negligence could be properly particularised and the solicitors for the Claimants had acted responsibly in their investigations then it was appropriate to extend the time for service of the claim form ......

Accountants were retained to provide tax advice on a bonus scheme. The Deputy Master granted summary judgment on the basis that the claim was time-barred. Following permission to appeal on paper the appeal was refused. Assuming in 2003 they should have advised that there was a material change in......

A complaint was made against a law firm which the SRA investigated. The investigator discovered that the sole principal solicitor supervised the firm remotely from Pakistan due to immigration difficulties. The investigator spoke to the principal and indicated that a certificate of compliance would ......

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 ......

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......

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. ......

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......

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. ......

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......

Limitation. In cases where a claim was struck out, the date of accrual of the cause of action was the date upon which the damage was incurred which for the majority of cases would be before the case was actually struck out. The retention of papers by solicitors under a valid lien did not give ris......

Proof:- In this action the pursuer sought damages for losses said to have been sustained by him as a result of medical negligence following his admssion to hospital on 22 April 2002 following a complaint of abdominal pains. He underwent a number of operations at Crosshouse Hospital in Kilmarnock ......

Where a party's appeal depended on raising a new legal argument on appeal it would not be permitted. The fact that a party may be compensated in costs is not sufficient. ......

Investment Advice. Springwell alleged that as a result of poor investment advice from Chase, their investment portfolio had declined by some US$280 million. Springwell allege that Chase knew that they intended to use the profits on the portfolio to expand and refurbish their related shipping flee......

Where a case raises different issues, one of which would if tried alone result in the exclusive jurisdiction of the court of the domicile of the company the question for the Court is whether the proceedings are in substance or principally concerned with a decision of the organ of the company by ta......

Proof:- The pursuer underwent a hysterectomy in December 1994 and thereafter developed symptoms of incontinence, for which she received extensive medical treatment. On 26 August 1999 in the course of an operation she suffered serious blood loss, which ceased only after pelvic vessel embolisation ......

Local Authority: The Claimant was allowed to argue at trial that the local authority owed him a duty in respect of its after-care services after providing him with care in the community even though the case was fraught with difficulties because the law was still developing and the decision in Cluni......

Outer House case concerning damage to an Indian restaurant in Glasgow following the demolition of the floors above by Glasgow City Council. The Council demolished the first, second and third floors of a tenement on North Street in Glasgow in the autumn of 1996 after serving notice (under s......