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Reparation

Reparation case examples and legal advice for claiming reparation in the UK.

A. v. N. [2008] CSOH 165

Debate:- In this action the pursuer sought damages for a period of sexual abuse from when she was a child until the age of thirty by the defender. The abuse ended in 1997 and the pursuer's loss was known in 1998. The triennium expired in 2001 with this action raised three years later. At debate t......

Alan Law v. Frank Ronald & Motor Insurers? Bureau [2010] CSOH 53

In this action the pursuer sought damages from the first defender for injuries which he sustained as a result of a road accident on 30 May 2004. In addition the pursuer sought from the second defender declarator that they were liable to satisfy any decree awarded against the first defender if any d......

Alan Pearson v. Ray McDermott Diving International Inc [2008] CSIH NUMBER 39

Reclaiming Motion:- On 6 May 1997 in the course of his employment with the defenders the pursuer suffered injury whilst working on a barge in assistance of two divers. An action was raised in May 2000 and, following a proof in 2003, on 18 February 2004 the Lord Ordinary assoilzied the defenders. ......

Alyson King v. Advocate General for Scotland [2008] CSOH 166

Debate:- The pursuer breeds and rears horses and in 2000 purchased a property in south-west Scotland with the intention to operate stables there. In March 2001, the pursuer was aware of aircraft flying at low altitudes over the stables in an area where operational low flying was allowed. The purs......

Andrew Young v. The Advocate General for Scotland [2009] CSOH NUMBER102A

Proof:- The pursuer, a 60 year old man, worked in the employment of the Ministry of Defence at Rosyth Dockyard as a fitter from 1968 until 1976. He worked on vessels undergoing refit and repair and worked in the vicinity of laggers who were stripping and applying asbestos lagging. From 1976 until......

Angus Campbell v. Robert Downie [2010] CSOH 37

Proof:- On 7 October 2007 the pursuer was driving his car on the M8 towards the Kingston Bridge in Glasgow. The pursuer slowed down to take heed of queuing traffic, and was close to stopping, when he was hit from behind by a van driven by the defender. The pursuer came to a halt and was again struc......

Angus Joinery Limited v. James and Valerie McKay, Sheriff Davidson, Dundee Sheriff Court, 16 November 2010

The pursuers and defenders entered into a contract for the supply and installation by the pursuers of six hardwood traditional sash and case windows, at the defenders' home. The defenders had attended at the pursuer's premises and had selected the particular windows which they wished installed conf......

Anne Mitchell & Karin Mitchell (Aps) v. Glasgow City Council [2008] CSIH 19

Reclaiming Motion:- On 10 August 2001 James Mitchell, aged 72, died as a result of an assault by his neighbour James Drummond. On 12 July 2002 Drummond pled guilty to culpable homicide. In 2003, the deceased's widow and daughter raised this civil action of damages against Glasgow City Council in ......

Anthony Brookes v. First Aberdeen Limited [2010] CSOH 16

Proof:- On 27 January 2006, the pursuer, a 45 year old man at the time of the incident, was driving his scooter in Aberdeen when he lost control, fell and was injured. It was the pursuer's contention that the accident was caused by a bus operated by the defenders, and driven by one of their employe......

Arthur Clelland v. Quinn Direct, Sheriff C.N.R. Stein, Arbroath Sheriff Court, 22 October 2010

On 27th September 2007, the pursuer's TVR Tuscan Mark 1 fibre-glass motor vehicle was parked and unattended, when the defender's insured collided with it while attempting to reverse park. The collision caused damage to the pursuer's vehicle, specifically its paint and bodywork. At the time of the a......

Axa General Insurance Limited and Others v. The Right Honourable Elish Angiolini QC and others [2010] CSOH 36

Here a motion was made on behalf of eleven individuals who claimed to have been diagnosed with bilateral pleural plaques caused by negligent exposure to asbestos and who had actions for loss, injury and damage in process or in immediate contemplation for leave to enter the process in terms of Rule ......

Benjamin Monteith v. Scot Tech Furniture Services Limited [2009] CSOH 21

Proof:- On 25 August 2005 the pursuer was injured in an accident sustained by him during the course of his employment with the defenders as a delivery driver. Liability was admitted by the defenders and the only issue at proof was whether the injury had rendered the pursuer unfit for heavy work t......

Billy McGhee v. Diageo plc [2008] CSOH 74

Proof - Reparation:- In this action the pursuer, a 20 year old trainee service engineer employed by Stilcan Industrial Conveyors Ltd, attended at the defenders' premises at Glen Ord Distillery to carry out maintenance work on scrapers on two conveyor belts. Whilst carrying out the repair work his......

Brenda Downie v. Fife Council [2008] CSOH 47

Reparation - Proof:- The pursuer was employed by the defenders as a social worker. The pursuer had a desk bound job in which she claimed that she developed a pain in her neck from stretching and twisting to use a computer that she shared with a colleague and which was situated on an adjacent desk......

Brian Kelly v Shetland Health Board [2008] CSIH 7

Cameron Don v Eastern Holdings Limited ? Edinburgh Sheriff Court, 18 June 2008

This action concerned liability for a road accident involving the Pursuer's car and a car being driven by the Defenders' employee, M. Quantum was agreed and a Proof on liability took place at which the Pursuer and M were the only witnesses. The accident occurred on a road which had four lanes, two ......

Caroline Jarrett as legal Representative of Megan Jarrett v Kirkcaldy Ice Rink - Kirkcaldy Sheriff Court, 2nd July 2009

The Pursuer's daughter suffered an accident at Kirkcaldy Ice Rink in October 2007 when she was 12 years old. As she left the ice and stepped onto a walkway, her right skate became caught in some netting that was trailing on the ground. She fell and twisted her ankle. The netting was there to protec......

Caroline Spencer v Miss E Baron ? Edinburgh Sheriff Court, 4 February 2008

Action for Damages – Solatium - Road traffic accident – Causation - Pursuer having suffered whiplash type injury, although vehicles she was in The Pursuer was a passenger in a private hire vehicle, which was stationery at a junction when it was struck on the rear bumper by the......

Chalmers v Aberdeenshire Council ? Aberdeen Sheriff Court, 28 November 2008

The Pursuer sought damages for alleged negligence on the part of the Defenders and also damages for alleged nuisance. A drainage ditch at the side of a public road ran alongside the Pursuer's fields. The Defenders were the local authority responsible for the management and maintenance of the road a......

Christine Robertson (AP) v. The Scottish Ministers [2007] CSOH 186

Reparation - Debate:- In this action the pursuer sought damages in respect of alleged bullying and harassment at her work between early 2000 and late 2001. During that period the pursuer was employed as a prison guard by the Scottish Prison Service and her claim comprised solatium for anxiety, dist......

Craig McIntosh v. First Glasgow Limited [2009] CSOH NUMBER117

Motion to remit to Sheriff Court:- In this ordinary action the pursuer sought damages of £9,000 in respect of damage caused to his motor vehicle following a collision with a bus driven by an employee of the defenders. Liability was not disputed by the defenders and the only issue related to th......

Crolla v Hussain and Ascension Construction Limited, Edinburgh Sheriff Court, 8 October 2008

The Pursuers/Appellants were heritable proprietors of a first floor tenement flat. The Defender/Respondent was the proprietor of the property below. He had arranged for Ascension Construction Limited to carry out works to his property and they were convened as third parties to the action. The Pur......

Dale McFarlane v. Barry Thain & James Campbell & The Motor Insurers Bureau [2009] CSIH 64

Reclaiming motion:- On 17 July 1999 the pursuer was riding as a pillion passenger a on a motorcycle which was driven by the first defender. The pursuer was seriously injured when the motorcycle collided with a car driven by the second defender. The pursuer thereafter raised an action against both a......

David & Doreen Stewart v Aftab Ahmed Malik ? Ayr Sheriff Court, 29 April 2008

The Pursuers and Appellants were the joint proprietors of a first floor flat. The Defender and Respondent was the heritable proprietor of the shop which was located directly below the flat. The Defender had arranged for alteration works to be carried out to the shop. The works were subject to a......

David Lyons v Wm Morrisons Supermarkets PLC [2010] CSOH 50

The pursuer was employed by the defenders at a supermarket in St. Andrews. During the course of his employment the pursuer stacked shelves. On two separate occasions in December 2005 and a month later, the pursuer injured his back whilst lifting heavy goods within the supermarket. Following the sec......

Diana Cheesman v. International Travel Service Limited [2008] CSOH 58

Contract:- In September 2001 the pursuer and her husband went on a coach holiday in Switzerland and Italy. On the last day of her holiday the pursuer tripped on a carpet in the coach and injured her ankle. The pursuer raised an action against the defenders with whom she had entered into a contract ......

Donal Toner v. Kean Construction (Scotland) Limited & CRGP Architects and Surveyors and Partners Thereof [2009] CSOH 105

Procedure Roll:- In this action the pursuer, an architect, sought damages from the first and second defenders, developers and architects respectively, for breach of copyright. The pursuer was instructed by the first defenders predecessor in title as an architect in relation to the development of ......

Donald Bremner v. Kevin Bartlett [2008] CSOH 03

Donald Ross v. PGS Production A.S. [2009] CSOH45

On 2 June 2000 the pursuer was injured whilst employed as a deck foreman on an off-shore installation. The action was settled by extra judicial agreement. In this opposed motion enrolled on behalf of the pursuer, the pursuer sought the certification of two engineers as skilled witnesses for the p......

Douglas Robert Porter v. Scottish Borders Council [2008] CSOH163

Proof:- In this action the pursuer sought damages in respect of injuries sustained as a result of an accident occurring on 2 September 2005. That afternoon the pursuer had finished work for the week and visited the public toilet of the town. The pursuer worked as a joiner and was wearing his work......

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