Proof:- The pursuer was employed by the defenders as a waste management workerbefore in April 2005 they employed him as a driver of a triple mower cutting large areas of grass on their housing estates in Dundee. The defenders sent the pursuer on a training course in the operation of triple mowers......

The Claimant failed to prove negligence and/or breach of statutory duty when she slipped on the floor of the foyer in her block of flats. The floor was wet as it had been a rainy day and the foyer was used by a number of individuals. There was no evidence of previous falls or slips on this floor. I......

A party who had an after-the-event insurance policy with staged premiums should have informed its opponent of that fact and should have set out the trigger moments when the second or later stages would be reached. ......

Claimant's Case Not Statute Barred:Griffith Williams J. held that the trial judge had been incorrect to conclude that a patient's claim against an NHS Trust was statute barred as, on the evidence, her date of constructive knowledge brought her within section 14(3) of the Limitation Act 1980. Althou......

Judge Right to Conclude that Mesothelioma Case against Appellant had been Proven The appellant company appealed against a decision that they were liable to the widow of an employee who contracted mesothelioma as a result of exposure to asbestos during 24 years working as a welder. He had been empl......

Reclaiming motion: Contributory negligence. The pursuer was awarded decree in his favour subject to a finding of 20% contributory negligence on his part at proof. The defenders reclaimed and argued that the finding of contributory negligence should have been higher. The pursuer was working as a sub......

In a quantification of damages for personal injury, a claimant's decision not to abandon his studies towards a qualification upon which he had embarked could not be characterised as an unreasonable failure to mitigate his loss. Further, Blamire and Smith v Manchester awards were distinct and any aw......

On 5 February 2008 an Opinion was issued and the Court pronounced interlocutors in the two petitions, which reduced the decision of the first respondent in refusing to order a Fatal Accident Inquiry into the deaths of Mrs. Eileen O'Hara and the Reverend David Charles Black. At that time the court......

In this Procedure Roll Motion, the defender and third party sought dismissal of the claim brought by the eighth pursuer, on grounds that his claim for non-patrimonial loss for death of his step-child, was excluded by s1(4A) of the Family Law (Scotland) Act 2006, amending the Damages (Scotland) Act ......

Pleural plaques litigation. Pleural plaques caused by negligent exposure to asbestos, which were of themselves insufficiently serious to give rise to a cause of action, did not found a claim in negligence because they carried a risk of subsequent significant injury and gave rise to consequent anxi......

Dispute as to costs incurred at first instance and on appeal, and the timing and rate of interest to be applied. Held: The general rule is that the unsuccessful party will be ordered to pay the costs of the successful party, which is only departed from if the circumstances of the case require it......

An appeal against the hourly rate allowed to a personal injury claimant's solicitors for the costs of the action. The issue was whether it was reasonable for the claimant to instruct central London solicitors when the case was closely tied to the south west of England. Held: The test is w......

Proof: Quantum. Liability was admitted in this action for damages arising out of a road traffic accident. The pursuer sued for a number of heads of loss including soft tissue back injuries, PTSD, past and future wage loss. The pursuer was repeatedly criticised for being unreliable and incredible on......

The claimant had wanted to invest the proceeds of the sale of his home while he searched for a new property. He told his financial adviser that he wanted ready access to his money. He did not want any risk to his capital. He was advised to invest in an insurance-based bond on the basis that this wa......

Vibration White Finger: Expert evidence & Assessment of Damages: The court gave guidance as to expert medical evidence required to assist in the assessment of damages in claims brought against employers by employees who have suffered from vibration white finger. ......

Where the guarantor of a company loan from a bank was also the company's main shareholder and sole director and on the facts did not believe the audited accounts, the fact that they were negligently prepared and grossly overstated the company's profits and the company was subsequently liquidate......

The Pursuer (aged 24 at Proof) claimed damages following a road traffic accident in which his car was struck by the Defender's car. The Defender admitted liability but quantum was disputed. A Proof took place at which the Pursuer was the only witness. The parties had entered into a Joint Minute......

Where a husband transferred his interest in the matrimonial home to his wife in exchange for endowment policies worth less than the property, solicitors advised the wife to obtain a declaration by way of consent order as to her husband's solvency. The husband was unable to provide the declarati......

Recovery of the cost of hiring a replacement vehicle. When assessing damages for the cost of hiring a replacement car following a road traffic accident, the judge had misdirected himself and had erred in holding that a Claimant had failed to mitigate his loss by hiring an equivalent car instead o......

Appeal concerning an application for relief from the sanction of strike out for failing to serve a costs schedule. Held; The delay in providing the costs schedule had not caused any real prejudice to the defendant nor had it delayed the progress of the action. There was no justification for strikin......