Where a company had transferred on a voluntary basis companies that were subject to potential capital gains tax charges which were said to arise from the professional negligence of accountants, the subsequent assignment of the company's cause of action was not valueless. Accordingly an amendment su......

A system of work that permitted a fire fighter to use a particular type of rescue equipment in a stressful situation when he had not been previously trained or experienced in its use was not a safe system of work. Accordingly the employer was negligent in failing to provide adequate training and wa......

In a surveyors' negligence case, the Defendant's expert gave new evidence orally at trial as to the stability of roof trusses which formed the basis for the judge's finding that there was no defect in the roof. There was no procedural irregularity in allowing such evidence where the Claimant's ......

Debate - Copyright, Designs and Patents Act 1988:- In this action the pursuers sought interedict and damages in respect of the playing of music at Kwik-Fit service centres all over the country, that was said, constituted the "playing" or "performance" of such works "in public" for the purposes of s......

The Appellant was having his loft insulated by the Respondent. The Appellant offered to stand with a pole underneath the hinged hatch door to the loft to ensure that the vibrations from the Respondent's drilling did not lead to the hatch opening and the Respondent falling from the Appellant'......

The Claimant had appealed the allocation of his claim to the small claims track. The Court of Appeal dismissed the appeal and came to consider the costs of the appeal. The court held that it would have awarded the Defendant his costs of the appeal however this was prevented by the wording of the CP......

A second action making claims similar to those made in an earlier action was an abuse of process where the first action had ultimately been struck out on the merits.It was held that the particulars of claim mirrored those of the first action, so were an abuse of process unless there was proper just......

The pursuer sought damages against the defenders having suffered injuries whilst skiing at Aonach Mor on 20 March 2002. Counsel for the pursuer made a motion for the proof on liability to be separated from proof on quantum and to restrict the present proof to liability only. The motion was unoppose......

Procedure Roll:- The pursuer in this action was the executor nominate of Isabella Urquhart who died on 22 October 2005. As a firm of solicitors the defenders succeeded to the liabilities of the former partnership of Hunter & Robertson. In this action the pursuer sought damages as executor of ......

Failure of the court to deal adequately with expert evidence when an expert comments on areas outside of his appointment.The Court held there would need to remit a claim for maintenance and repairs for a re-trial after a judge had failed to adequately deal with an expert report which professed to d......

On the morning of 23 November 2004 the pursuer drove his van eastwards along the A950 and then drove in a southerly direction along the A981. A short distance south of the junction of the two roads he skidded on ice and went off the road whereby he was injured. It was submitted on behalf of the pur......

Appeal by way of petition against a decision of the Scottish Solicitors Discipline Tribunal under section 54(1) of the Solicitors (Scotland) Act 1980. The decision in question related to a prior finding by the first respondents to the effect that the petitioners had provided an inadequate professio......

In this action, the petitioners sought interdict and interim interdict to prevent the respondent from describing himself as an osteopath. The court heard that the Osteopaths Act 1993 was enacted to provide a statutory scheme for the practice of osteopathy in the UK, with section 3 of the Act desig......

Petition for winding-up:- A director of UK Bankruptcy (UK) Ltd, a company subject to winding-up proceedings, lodged answers in defence of the petition, in order to forestall disqualification proceedings against him under the Company Directors Disqualification Act 1986. In 2009, the director sought......

Non-party costs order: It was appropriate to make a non-party costs order against an individual and to join him in proceedings where he had exercised, through companies, substantial control over the course of those proceedings and had a personal interest in the outcome. ......

The judge had been right to join an individual to the proceedings and make him jointly and severally liable for the costs of the successful defendants where he had controlled the proceedings brought by the claimant company, funded those proceedings and would have benefited from them if they had be......

We are pleased to welcome again Anis Waiz, Solicitor at Curtis Law Solicitors, as he continues his critical review of current case law. This case raised the important issue of the costs consequence when a party declines to take part in alternative dispute resolution (ADR). Practitioners will of......

Where a sole practitioner had engaged a specialist firm to assist in respect of a discretionary trust, the retainer of the specialist firm was not limited to the drafting of the trust document. Without any express written limitation as to the retainer the specialist firm should have provided advic......

An offer which did not specify a period of not less than 21 days, or any period, in compliance with CPR r.36.2(2)(c) was not a Part 36 offerIt was held that an offer did not specify a period of not less than 21 days, or any period, in compliance with CPR r.36(2)(2)(c) was not a Part 36 offer. It wa......

Loss of a Chance of Establishing Liability. In an action against a law firm for loss of a chance to pursue a claim for damages for personal injury against an employer, the Privy Council substituted its own assessment of the prospects of establishing liability and of successful recovery of any dama......

The Pursuers sustained injuries when the driver of the bus on which they had been travelling braked suddenly. They raised an action for damages against the bus driver's employers. Quantum was agreed but liability was disputed. At proof, the driver's evidence was that a dog had run in front of the b......

Here the pursuer sued the defenders for damages for personal injury sustained when she fell and twisted her ankle in a car park off Blenheim Avenue, Stepps on 24 December 2002. The pursuer claimed that near the entrance to the car park her left foot went into a pothole, she did not see. As the purs......

Slipping Hazard caused by Flower Petals. The owner of a flower shop on a station concourse was held to be responsible for an injury sustained by the claimant when he slipped and fell after stepping on a petal because it had negligently failed to operate a reasonably effective and safe system of wo......

Where a Claimant knows that his cause of action is vested in a third party then his issue of a claim is an abuse of process even where he hopes and expects to obtain a valid assignment of the cause of action and the purpose of issue was to avoid the cause of action becoming statute barred. ......