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Reparation

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

Kevin Bennett v. Coatbridge Health Centre and others [2011] CSOH 9

The pursuer had been a sufferer for epilepsy and had been prescribed vigabatrin (the propriety name of which is Sabril) in 1989 to treat and manage his condition. In 1999, the pursuer attended his GP for a visual fields test, following his concerns about Sabril and its effect on vision after readin......

Kevin O'Neill v. Dowding and Mills plc & David W. Smith Ltd [2007] CSOH 170

Reparation - Allowance of Issues:- In this action the pursuer sought damages following an accident at work in April 2004 when the pursuer sustained serious injuries to his right leg when he fell through a gap in a walkway in the course of his employment with the defenders. The defenders conceded li......

Leonard Allison v. Henry Robb Limited and Others [2009] CSOH 83

The pursuer formerly worked for the defenders during which period he was exposed to asbestos and developed bilateral pleural plaques. In this action the pursuer sought damages from the defenders for his anxiety about the diagnosis and about the possibility that he might develop serious asbestos-r......

Lily Rose Crosset & Others v. Upper Clyde Shipbuilders Ltd (in liq) & Another [2008] CSOH NUMBER97

Reparation - Proof:- In this action the pursuers were the executors and family of the deceased who died from mesothelioma in 2005. The defenders were the successors of the rights and liabilities of the former employers of the deceased. At proof a joint minute of admissions was entered in to in wh......

Linda Henry v. Rentokil Initial plc, Captive [2008] CSIH 24

Reparation - Appeal from the Sheriff Court:- On 12 January 2000, the pursuer was injured while working as a nurse in the National Health Service at Canniesburn Hospital. The pursuer's injuries were caused by the negligence of an employee of the defenders for which they were vicariously liable and......

Margaret Aitken v. Scottish Ambulance Service and others [2011] CSOH 49

The pursuer was the mother of the later Nikki Williamson, who died in the Southern General Hospital, Glasgow on 1 November 2003, aged 15. The pursuer sought damages in respect of the loss suffered on account of her daughter's death. Each of the defenders was sued on the basis of their vicarious lia......

Margaret Valentine and Another v. The Ministry of Defence [2010] CSOH 40

Proof:- On 31 January 2004, sapper Robert Thomson, a member of 35 Regiment, Royal Engineers, was killed during his fourth tour of Iraq when he was crushed by earth when it collapsed on him whilst he was recovering soil samples from a trench. Here his mother and brother sought damages from the Minis......

Martin Cameron v. Melissa Beth Gellatly & Axa Corporate Solutions Services UK Ltd [2009] CSOH 82

On 12 May 2007, the pursuer was leaning into the rear nearside door of a stationary taxi in Perth when a car being driven by the defender collided with the taxi. As a result the pursuer was injured. The pursuer raised an action against the defender in which he sought damages of £500,000. The......

Martin Hines and Wallace Commercial Limited v. King Sturge, LLP [2010] CSIH 86

Reclaiming motion:- The first and second named reclaimers occupied business premises on St Vincent Street, Glasgow, which were badly damaged during a fire in April 2005. It was averred that the respondent to the action was the property manager of these premises, with responsibility for their mainte......

Maureen Flood v. The University Court of the University of Glasgow [2008] CSOH 98

Reparation - Debate:- In this action the pursuer, a senior lecturer employed with the defenders from 1999 to 2001, sought damages from the defenders after she went off work with symptoms that she attributed to her excessive workload and lead her to be diagnosed as suffering from a psychiatric inj......

Maxine Griffiths v. Brian Butler & Mrs Nicola Griffiths [2009] CSOH 152

This motion for issues on behalf of the pursuer was opposed by the defender and the third party. On behalf of the defender it was submitted that in the particular circumstances of the case the matters in dispute were sufficiently complex that they would cause confusion to a jury and that amounted......

Melanie Logan v William Logan and GHI Insurance Services Limited

The pursuer claimed damages for injuries sustained in a road traffic accident on 15th August 2007. Liability was admitted, and so the issues at proof focused solely on quantum. Evidence was lead before Lady Stacey in July 2010. The pursuer suffered a whiplash injury, which resulted in ongoing b......

Morris Amusements Limited v. Glasgow City Council and Others [2009] CSOH 84

Debate:- In this action the pursuers, the proprietors of a building in Glasgow, sought damages from the defenders. In 1999 the gable wall of that building was damaged in the course of demolition works which were in progress on an adjacent building, that decision to demolish it on public safety gr......

Mrs Joyce Robson v. Grampian Country Chickens (Rearing) Limited [2008] CSOH 100

Reparation:- Between March 1999 and April 2004 the pursuer was employed by the defenders at their premises in Inverurie. In this action the pursuer sought damages for personal injuries which she said she suffered as a result of being exposed to formaldehyde and other chemicals during her work in ......

Mrs Lynn McGovern v. Glasgow City Council [2009] CSOH 148

On 8 January 2007 the pursuer stepped off a pavement on Great Western Road, Glasgow into a pothole on the road, fell down and suffered an injury to her leg. The case was brought on the basis that the defenders had a duty to take reasonable care to maintain the road in a safe condition for persons w......

Mrs Rosemary Catherine McCusker v. David Cunningham & Alan Cameron Glen [2008] CSOH 32

Proof:- On 18 May 2001 members of the Glasgow University Geological Association were travelling, in two minibuses, northwards on the A9 in Perthshire. The front minibus collided head-on with an ex-military Land Rover driven by the first defender. In the minibus the pursuer was seriously injured a......

Nadine Montgomery v. Lanarkshire Health Board [2007] CSOH 172

Reparation - Debate:- In this action the pursuer sought damages for injuries sustained by her son who was born in October 1999. It was averred that the obstetrician in charge of her antenatal care failed at an early stage to take the proper course namley that on three distinct occasions resort sh......

NATIONAL GRID GAS PLC v. STANLEY STORES (STRATHCLYDE) LIMITED 2008 CSOH 94

Action involving fracture of pipe under ground in an area which was being cleared for a carpark. Damages agreed in a joint minute. The pursuers' second plea in law stated that there had been a failure to take reasonable care on the part of the defenders. The defenders had little experience of prope......

Neil Todd v. Myles Clapperton and another [2009] CSOH 112

Proof:- In this action the pursuer sought damages from the defender, from whom he and his partner rented a property from, after a glass panelled door there swung on to his hand as he entered the living room causing him to be injured. The pursuer based his claim on a breach of the condition implie......

Patricia Welsh v. Neil Brady [2009] CSIH60

Reclaiming Motion:- On 14 March 2005, the pursuer went for a walk with her golden retriever near Dundee. The defender was also in the field with his black Labrador. Both dogs were off the lead and were running around together, however, the pursuer, on calling for her own dog, both dogs ran toward......

Performing Right Society Limited v. Kwik-Fit Group Ltd [2007] CSOH 167

Debate - Copyright, Designs and Patents Act 1988:- In this action the pursuers sought interedict and damages in respect of the playing of music at Kwik-Fit service centres all over the country, that was said, constituted the "playing" or "performance" of such works "in public" for the purposes of s......

Rachel Davis v. (1) John Catto & (2) CIS General Insurance Limited and Stephen Skinner [2010] CSOH 93

In March 2006, the first defender was driving his vehicle at speed on the A832, lost control of the car and was involved in an accident after the vehicle overturned. The pursuer sustained serious injuries as a result of the accident. The loss of control occurred at a time when the first defender ha......

Raymond Allan Sinclair McGregor v. Alpha Airports Group plc [2010] CSOH 110

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......

Raymond Allan Sinclair McGregor v. Alpha Airports Group plc [2010] CSOH 51

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......

Raymond Munro v William Sturrock t/a Scotmaps [2010] CSOH 116

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,......

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