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Reparation

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

Douglas Stuart v. Doreen Bulger [2008] CSOH 102

Reparation:- This case related to an action for damages following a road traffic accident in Arran in 1996. The case settled extra judicially with the defenders agreeing to make reparation to the pursuer together with the judicial expenses of the action as taxed. The pursuer's account of expenses......

E.A. v. G.N. [2009] CSIH 29

Reclaiming Motion:- In this action the respondent sought damages damages from the reclaimer on the ground that she suffered psychological damage as a result of sexual abuse alleged to have been perpetrated upon her by him between 1975 and 1997. The reclaimer was prosecuted on various charges of i......

Edward Pratt (A.P.) v. The Scottish Ministers [2009] CSOH 31

Debate:- In this action the pursuer, a prison officer, sought damages from the defenders, the employers of the pursuer, in respect of mental health consequences of an incident at work on 3 August 1997. On that date the pursuer had intervened in a fight between prisoners during the course of which......

Elizabeth Gordon v. Mark Martin Lynch [2009] CSOH 116

Proof:- On 16 May 2004 the pursuer's brother, Sean Milligan, was injured in a road traffic accident in Carluke when the car he was driving collided with a stolen van being driven by the defender who was under the influence of alcohol. The defender was thereafter convicted of a number of road traffi......

Elizabeth Nugent v. Glasgow City Council [2009] CSOH 88

Proof:- In this action for personal injury the pursuer sought damages from the defenders for injuries she sustained as a result of tripping in a hole on the east footpath of West Nile Street, Glasgow, near Bath Street, on 11 January 2006. The pursuer sought payment of £200,000. By interloc......

Elizabeth Stuart and Others v. The Advocate General [2009] CSOH 15

Proof:- This was an action for damages for reparation against the Advocate General for Scotland representing the Ministry of Defence and the Department of the Environment at the instance of the executors of the late George Smith Stuart who died in December 2007. The claim related to rights to dam......

Evans v Tarmac Central Ltd, CA (Civ Div) 12/12/2005

Assessment of Damages. In an assessment of damages for personal injury, the judge had failed to take into account the fact that the claimant might have suffered the back injury regardless of an accident at work and he therefore set the multiplier too high when assessing loss of future earnings. Fur......

Farstad Supply AS v. Enviroco Limited & Asco UK Limited [2008] CSOH 63

Reparation - Procedure Roll:- On 7 July 2002 an oil rig supply vessel belonging to the pursuers was damaged by fire whilst it was berthed in Peterhead. In this action the pursuers sued the defenders for damages claiming that the fire resulted from the negligence of their employees when they remov......

George Johnston v. Edinburgh District Council [2007] CSOH 171

Reparation - Proof:- In this action the pursuer sought damages following an accident on 28 October 2004 when he was knocked off his bicyle by the driver of a minibus who worked for the defenders. The outcome of the case turned on who was ahead at the junction where the accident took place. It was......

Gwenneth Ann McCafferty & others v. Scott's Caravan & others [2011] CSOH 16

In February 2007, the first pursuer and her husband stayed overnight in a caravan belonging to the first pursuer's brother. The caravan had a gas heater. During the night carbon monoxide from the flue of the heater re-entered the caravan. The first pursuer and her husband sustained carbon monoxide ......

J.A. McClelland and Sons (Auctioneers) Limited v. I.R. Robertson and Partners Limited and Vexamus Water (Scotland) Limited [2009] CSOH 11

In this action the pursuers, operators of livestock markets, sought damages for losses resulting from the selection and provision of an effluent treatment system for a livestock market at Ballymena, Northern Ireland. The pursuers sued the first defenders, who are consulting civil engineers, for b......

J.M. v. Fife Council [2008] CSIH63

Reclaiming Motion:- The pursuer and reclaimer was resident in St. Margaret's Children's Home, Elie, Fife. The home was run by the statutory predecessors of the defenders and respondents. The pursuer sought damages for loss, injury and damage sustained as a result of sexual and non-sexual abuse in......

J.S. v. Lothian Health Board [2009] CSOH NUMBER97

Procedure Roll:- In this action the pursuer sought damages in respect of loss, injury and damage which the pursuer claims to have suffered due to negligence in her ante-natal care in 1994. At debate counsel for the defender invited the court to sustain the defenders' first plea in law and dismiss......

Jacqueline Donoghue v. Greater Glasgow Health Board & Laing O'Rourke Scotland Limited [2009] CSOH 115

In this action the pursuer, a porter at Glasgow Royal Infirmary, sought damages from the defenders, her employers, for an accident which occurred during the course of her employment when she slipped on loose stones on the stairs at the GRI and fell and injured her back. The basis of the pursuer's......

Jacqui Louise Smith v. The Highland Council [2009] CSOH 149

This relates to a hearing in terms of Rule of Court 42.4(4) in respect of a Note of Objection for the pursuer to a Report by the Auditor of Court in relation to an account of expenses lodged by the solicitors for the pursuer in the action and related to the Auditor's disallowance of certain charges......

James Doran v. Shanks Waste Management [2010] CSOH 91

The pursuer was employed by the defenders as a HGV driver until an accident occurred at work in August 2008. He was dismissed from his employment one month later following disciplinary procedure. At the time of the accident, he had been driving lorries for approximately 40 years. On the date of t......

James McKenzie Clegg and Another v. Jane Rogerson & Network Rail Infrastructure Limited [2007] CSIH NUMBER 87

Reclaiming Motion:- On 5 May 2001 a car driven by Miss Rogerson, the first defender, with her boyfriend Mr Thomson as the front seat passenger, and a three year old girl, Sarah Clegg, in the back seat, attempted to cross a level crossing. The crossing was operated by Network Rail, the second defend......

James Murray Smith v. Golar-Nor Offshore A/S [2007] CSOH 161

Reparation - Debate:- The defenders enrolled the following motion:- "On behalf of the defenders, to grant decree of dismissal and award the expenses of the process in favour of the defenders on account of the pursuer's inordinate delay in pursuing the action". The motion was opposed, and a debate t......

James Robertson v BAE Systems Marine Limited, Court of Session 5th October 2010

The pursuer was a shipwright who was injured at work on 16th January 2007. He was working on a new naval destroyer at the Defender's Govan shipyard, when he slipped on an manhole cover on deck which had not been properly replaced and secured. The pursuer's case was that he suffered a fractured skul......

Janice Burgess v. Napier University [2009] CSOH 6

Proof:- The pursuer, an employee at Napier University, was invigilating at an exam at Merchiston Campus on 16 August 2006. At the end of the exam the pursuer collected the exam papers and left the room. As she did so, she tripped and fell against a wall injuring herself. Here the pursuer claimed ......

Jeroen Van Klavern v. Servisair (UK) Limited [2008] CSOH 136

Reparation:- In this action the pursuer sought damages of £200,000 following an accident on 12 August 2004 when the pursuer was working in the course of his employment as a baggage handler with the defenders at Aberdeen Airport. Here on behalf of the pursuer counsel sought summary decree and......

John McGuinnes v. Endeva Service Limited (In Administration Receivership)[2006] CSOH 41

Employee attacked in course of employment - duty of care - safe working system?:-On 23 June 2003 the pursuer's allocated jobs included the repair of a television in a private house at 36 Lochend Street, Easterhouse, Glasgow. Easterhouse was an area with which the pursuer was very familiar, and in w......

John Stephen & Mark Tocher v. Simon Mokster Shipping AS [2008] CSOH 99

Reparation - In these two actions the pursuers, both fishermen, sought damages from the defenders for injuries they say they sustained following a collision between their vessel, "The Harvester" and a vessel belonging to the defenders "The Strilmoy". Both pursuers raised their claims under Chapte......

K.T. v. Lothian NHS Board [2009] CSOH 132

The pursuer is the mother of CK, born 11 May 1998, and sought reparation, as guardian for CK, from the defenders in respect of alleged negligence of anaesthetic and obstetric staff during the birth of CK, for which it was averred the defenders were liable as their employers. CK has cerebral palsy......

Kaj Dalberg Anderson v. Mohammed Hameed and Esure Services Limited [2010] CSOH 99

The pursuer sustained injuries in the early hours of 29 December 2006 when a car driven by the defender, in which the pursuer was a back seat passenger, struck a tree at Stewarton Road, Newton Mearns, Glasgow. At the time of the accident, the defender was 16, and was driving a car belonging to his ......

Karl John Chadwick v. Continental Tyre Group Limited [2008] CSOH 24

Reparation - Procedure Roll:- On 28 April 1999 the pursuer was injured following a road traffic accident after the rear tyres of the vehicle he was driving, a mini-coach, failed, causing the coach to lose control and overturn. The pursuer sought damages of £25,000 damages against the defende......

Kathy-Rose Gordon v. EUI Limited [2011] CSOH 36

On 2 May 2008, the pursuer was driving her car westwards on the A90 dual carriageway near Glencarse, when she was rammed from behind by a vehicle driven by the defenders' insured. The pursuer was thrown forward and suffered various head injuries during the accident, for which she sought damages in ......

KD v Chief Constable of Hampshire & Anr, CC (Portsmouth)(Tugendhat J) 23/11/2005

Harassment & Battery. It was held that a police officer who, during several visits to her home, had obtained from a female interviewee detailed explicit information about her sexual conduct, which was not for the purpose of preventing or detecting crime, had subjected her to harassment. His touchin......

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