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......

Recoverability of cost of local authority case from tortfeasor: A local authority that providing residential care to a person injured as a result of the negligence of an NHS trust could not recover the cost of providing such care directly from the trust in a claim for negligence, since the trust di......

The Court of Appeal heard an appeal in a package holiday claim where the claimant consumer had slipped on some water on granite stairs at a hotel in Spain causing personal injury. At first instance it was found that the hotel had not exercised reasonable care and the defendant organiser was thereby......

The pursuer's motion was opposed by the defenders but only in relation to expenses. The defenders moved for modification of the pursuer's expenses to expenses on the sheriff court ordinary scale without the sanction for counsel.Rule 42.5.(1) of the Rules of the Court of Session 1994 provides that: ......

Bicycle supplier not liable for cyclist's injuries as defect in bike had been caused by previous accident and was not present when the bike was supplied. Claimant ('C') lost control of his bike while riding on a cycle path causing him to fall and sustain serious head and facial injur......

Claimant Failed To Establish Negligent Cause Of Brain Damage At BirthHolroyde J dismissed the Claimant's claim for damages for alleged professional negligence against the Defendants. It was alleged that the Defendants' hospital staff had failed to identify or treat a Group B Streptococcus infection......

The Pursuer (aged 38 at Proof) raised an action of damages following a road traffic accident in October 2006. The Defender admitted liability but quantum could be not be agreed. The Pursuer was diagnosed with a whiplash injury and was prescribed painkillers. For about 2 months after the accident, t......

The Claimant had fallen from a window of a block of flats at the age of four and suffered serious injuries. He was 14 years old at the date of the hearing. The Claimant's medical expert stated that the accident had caused "significant brain impairment" however the Defendant's medical expert......

The Pursuer, aged 49 at Proof, sought damages following a road accident. Liability was admitted and the Proof was restricted to quantum. The Pursuer suffered a whiplash injury to his neck and was left with intermittent neck pain and headaches. These settled within 7 months of the accident. For 6 ......

The Pursuer/Appellant raised an action at Ayr sheriff Court claiming damages for both breach of copyright and for breach of the Defender/Respondent's statutory duty under the Copyright, Designs and Patents Act 1988 to identify the Pursuer as the owner of photographs that the Defender had publi......

The Judge had been side-tracked by the lack of reports of similar accidents, when he ought to have concluded that the footpath had in fact been dangerous, resulting in injury to the appellant. Was clear evidence that the appellant had stumbled and suffered injury, a clear indication of where the ac......

An employer could be vicariously liable in damages under the Protection from Harassment Act 1997 s.3 for a course of conduct by one of its employees that amounted to harassment in breach of s.1 of that Act. ......

An award of basic damages for malicious prosecution below the range recommended by the judge and the failure to award aggravated damages were decisions that no reasonable jury could have come to in the circumstances. ......

Duty of Care on a Bus Driver. A bus driver had not been negligent in hitting a pedestrian at a staggered pedestrian crossing where the traffic signals were in favour of the bus; the pedestrian had stepped out having failed to check for oncoming vehicles whilst labouring under the mistaken apprehen......

-"(1) Each employer shall -(a) so far as is reasonably practicable, avoid the need for his employees to undertake any manual handing operations at work which involve a risk of their being injured ".The pursuer averred that processing chickens was a manual ......

the reclaimer had been employed by the respondents since 1991. Around 2000 she developed carpal tunnel syndrome in her left wrist which, she claimed, was aggravated by her working conditions. She sought damages for personal injury from the respondents. The Lord Ordinary assoilzied the respondents h......

Inner House case concerning a clerical assistant at Kirkriggs School in Glasgow who injured herself when she fell from a toilet bowl whilst trying to open a window. An extra division of the Inner House allowed a reclaiming motion and Ms Wallace was granted damages of £31,800 reduc......

In June 2007, the pursuer was employed by the defenders as a clerical assistant for a school in Glasgow. She required to use the toilet facilities, and as a courtesy to the next user, attempted to open the window after doing so. The window was around seven feet above the ground, and no pole was in ......

In this action, the pursuer sought payment by the defender for certain sums averred to have been paid by tenants of a property known as “Corshellach”, which were paid to the defender and retained by her. The basis upon which the rental payments were sought by the pursuer was that the de......

The Pursuer raised an action for damages after he was injured when his stationery car was struck from behind by a car being driven by the Defender's insured. Liability was admitted but there was a dispute over the value of solatium and a Proof took place. The Pursuer gave evidence and the terms o......