Wasted costs order made against the claimant's solicitors where there was clear evidence of incompetence that could fairly be termed as negligence. A wasted costs order was granted against a solicitors firm which had pursued a road traffic accident claim on behalf of a claimant as there was ......

A wasted costs order was granted against a solicitors firm which had pursued a road traffic accident on behalf of a claimant. At the outset the defendant's insurers had written alleging the claim was fraudulent and this was repeated in the defence. The claimant's witness statement did not c......

Minute of Amendment:- In this action for reparation a proof has been fixed for 23 November 2010. The pursuer is a party litigant who formerly had the assistance of both solicitor and counsel. On 1 December 2009 Lord Bannatyne ex proprio motu discharged the second diet of proof and motions on behalf......

Motion for expenses and caution:- In this action the pursuer sought damages from the defenders for injuries which he sustained as a result of an accident while in the course of their employment at Inverness Airport on 18 June 2003. It was the pursuer's case that he sustained the injuries to his bac......

This case concerned an accident in 2004. The accident occurred during the "Little the Jewellers" Speyside Stages Rally. The rally was part of the Scottish Rally Championship and the pursuer was the reigning Scottish Rally Champion. Prior to competing in the rally the pursuer, and other competitors,......

Proof:- In this action the pursuer, a successful rally driver, sought damages from the defenders, a provider of maps via DVDs used to assist navigators in a rally, following a crash in which the pursuer's car and he was psychiatrically injured. In this action the standard of negligence which fell t......

Appeal of decision to adjourn appeal hearing: It was held that there was no basis on which an appeal could possibly succeed against a judge's order adjourning an appeal for a limited period to enable the appellant to be heard, but refusing an adjournment for a substantial period on medical grounds.......

Publicly-funded party: Where a litigant had been publicly funded for part but not all of the proceedings, and the party entitled to recover costs against him had failed to seek a detailed assessment in time to satisfy the provisions in relation to the costs incurred during the period in which the l......

Withdrawal of life-saving treatment from child with severe neuromuscular disorder. The withdrawal of life-prolonging treatment was in the best interests of a five-month-old child with a severe neuromuscular disorder who was experiencing a pitiful existence in hospital. ......

A mother applied for permission to appeal against her child being taken into care. The application was adjourned to be heard with the full appeal. The mother's solicitors obtained an expert report on brittle bones, but had not obtained the court's permission to disclose the case file or the......

Procedure Roll - Relevancy of Pleadings:- This was an action by a developer against chartered surveyors arising out of alleged professional negligence in the preparation of a plan of a plot of ground. The defenders challenged the relevancy of the pursuers' pleadings at debate and sought to have t......

Where the costs of litigation were sought to be recovered as damages in a negligence action, the appropriate method of assessment was the amount that would be awarded on assessment by a costs judge on the standard basis. ......

Damages: The drafting of a licence agreement was not sufficiently clear so as to preclude an argument that the counter-party could argue for termination on six month's notice. In respect of the costs incurred in pursuing the successful claim against the terminating party who was now insolvent, the......

There was no such thing as a general retainer imposing a duty on a solicitor to consider all aspects of a client's interest whenever the solicitor was consulted. It was important to bear in mind the limits of what would be expected of a solicitor: he was not bound to know all the law, and would be ......

Successful appeal against refusal to apply the costs consequences of Part 36 to a Claimant who refused to accept an offer that he subsequently failed to beat. The Claimant ('C') claimed damages for personal injuries sustained when he was knocked down by a bus. Liability for the accident ......

A firm of valuers was entitled to summary judgment against the purchasers of a commercial property where the claim was brought outside the primary limitation period and the purchasers had actual or constructive knowledge of a loss in value of the property more than three years before the claim was ......

Costs following discontinuance: The claimant was ordered to pay the defendant's costs on discontinuance of proceedings where it had been premature for the claimant to issue proceedings in order to obtain disclosure of documentation and there had been insufficient notice of the proceedings to the de......

Application for stay of an order for payment on account of costs pending appeal was refused. The applicants applied for a stay of an order for an interim payment on account of costs pending an application for permission to appeal. The usual rule that a successful party should not be deprive......

Application for stay of an order for payment on account of costs pending appeal was refused: The applicants applied for a stay of an order for an interim payment on account of costs pending an application for permission to appeal. The usual rule that a successful party should not be deprived of ......

Solicitors were not in breach of their retainer or negligent in drafting a contract for the sale of commercial premises to a property developer or advising as to the terms of the contract. The sale was subject to planning consent being granted for residential development, such consent to be applied......

For the purposes of s.14A of the Limitation Act 1980 in respect of a claim following the construction of a large, supposedly waterproofed basement room beneath a rear garden, the Claimants had sufficient knowledge of the material facts about the damage when they knew of the serious water penetratio......

Varying order for security of costs: Where parties agreed security for costs in a certain sum, and agreed that that sum would not be increased even if there was a material change of circumstances, the court retained a residual discretion to vary the order where there were wholly exceptional circums......

HHJ Oliver-Jones QC (sitting as a deputy judge of the High Court) held that an employee who was injured whilst competing in a cycling race organised by his employers was not participating in the event in the course of his employment within the meaning of the relevant health and safety legislation. ......