Mr. Pittaway QC (sitting as a Judge of the High Court) held that the Defendant lorry driver was not negligent in travelling at excessive speed through a junction, in circumstances where the other Defendant had been held liable for the collision in crossing the said junction through a red light. The......

The Claimants were all deliberately injured while in detention in Kenya between 1954 and 1959, before Kenyan independence in 1963. The claimants suffered physical injuries of the most serious kind. The injuries were inflicted by officers of the Kenyan police and armed forces. The Claimants claimed ......

The reclaimer sought reparation on behalf of her son who sustained grave injury resulting in permanent disabilities at the time of his birth in a maternity hospital ran by the respondents. The central issues were: i) the scope of the duty to give advice; ii) whether a modification of causation prin......

A master had erred in allowing the claimants to substitute a new defendant outside of the limitation period because the substitution was unnecessary for the determination of the original flawed action. The claimants were injured in a road traffic accident in which the driver of their vehicle die......

A former soldier who was suffering from PTSD was awarded general damages on the basis that if he had been referred for treatment when his psychiatric problems first began he would probably have been able to live a stable domestic and social life; to function sufficiently well to remain in the army,......

In making an award of damages for personal injury following a road traffic accident the judge had been entitled to find on the evidence that the claimant's post concussional syndrome would ameliorate over time and that the claimant had failed to prove that he was suffering from a rare form of doubl......

The Claimant had sued the Defendant betting company for psychiatric harm after she had been working as a cashier in a betting shop which had been robbed at gunpoint. Her claim was brought in negligence and for breach of the Workplace (Health, Safety and Welfare) Regulations 1992 and the Management......

The Court of Appeal held that a judge who had proceeded to dismiss a claim at a Case Management Directions hearing had wrongly exercised his discretion as to his case management powers. ......

A judge had been correct to rule that a claim issued in 2004, by a claimant who had suffered the symptoms of hand and arm vibration syndrome since 1992, was time barred as the claimant had actual knowledge of the disease in 2003 and constructive knowledge from at least 1997 and probably from 1992. ......

Smith J held that without prejudice exchanges between parties that preceded the conclusion of a settlement agreement should be admissible not only to identify the terms of the settlement agreement but also as to the meaning of those terms. There was no cogent reason of public policy or otherwise fo......

The Pursuers raised an action for payment of a sum that the Defenders had withheld in respect of invoices rendered for work done under a contract between the parties. The Defenders were a Dutch company registered in The Haig with a place of business in the Republic of Kazakhstan. The Defenders clai......

The House of Lords held that the normal rule, that statements made in negotiations between parties to litigation with a view to settling it were inadmissible, applied even where it was invoked in relation to negotiations in earlier proceedings between the same parties. The House was not intending t......

The Court of Appeal held that just because a claimant was impecunious did not mean that it would not have been reasonable for him to pay the cost of repairing a vehicle damaged in a road traffic accident. The cost of repairs was dwarfed by the sum run up in credit hire charges. ......

Highway Authority not Liable for Icy Road where Adequate and Proper Salting Provided:It was held that an accident on an icy road had been caused by the Claimant's failure to control her vehicle properly; there were icy patches on the road in the vicinity of the accident. The highway authority had a......

Reasonable foreseeability of psychiatric injury. The trial judge been entitled to hold, on the evidence, that psychiatric injury suffered by an employee had not been reasonably foreseeable by the employer. The judge had had the essential factual issues, and the evidence relating to them, well in m......

School's Lunch-time Supervision Provisions Were Inadequate:The Court of Appeal held that a School had been negligent in only having one dinner lady supervisor, who was responsible for over 150 pupils in years 7 and 8 and only had the chance to glance occasionally at years 9 and 10. Given that the p......

Claimant's Damages Reduced by 15% Due to Her Failing to Wear a Seatbelt:Judge Richard Seymour held that the Claimant's damages should be reduced by 15% on account of her contributory negligence in failing to wear a seatbelt. The Judge rejected the Claimant's argument that it was an inevitable concl......

The Claimant was a 13 year old boy who was injured in a road traffic accident. The Defendant was driving through a residential area past a parade of shops. The Claimant threw something at one of his friends and immediately ran across the road into the Defendant's path. He was hit and suffered s......

Tour Operator Not In Breach Of Duty Of Care To Holidaymakers Using Toboggan Run operated by Local Company:The Court of Appeal held that Judge had not erred in dismissing the Claimant's claim against the Defendant tour operator for personal injury sustained on a toboggan run operated by a third part......

A claimant who had suffered traumatic brain injury at the age of 30 and required a 24-hour care package for the rest of his life, was entitled to the cost of video telephone call charges at current prices. In the absence of evidence as to what was likely to happen to charging rates for this relativ......

Pateson, the pursuer, sustained a severe injury to his right ankle when he fell from a ladder at work. At the time of injury and during the proceedings he was employed by Tilly Confectionery, a company founded by his parents. He claimed against the company and both his parents for negligence and br......

Personal Injury - Proof:- In the case the pursuer, a consultant orthopaedic surgeon, sought damages for a severe injury to her right knee when she collided with the defender's labrador whilst she was walking her golden retriever in a field near the village of Wellbank on 14 March 2005. In the cas......