Items starting with S

The Pursuer in this case sought equitable discretion under s.19 of the Prescription and Limitation (Scotland) Act 1973 to bring an action for damages resulting from medical negligence following the expiry of the three year time bar under s.17 if the Act. The court dismissed the action.Lady Smith he......

16 Year Old Passenger Not Wearing Seat Belt Not Guilty Of Contributory Negligence:The Court of Appeal upheld the trial judge's decision that a 16 year old front seat passenger who had sustained serious brain damage in a road traffic accident had not been contributorily negligent, notwithstanding th......

Claimant Could Not Recover Cost to Defendant of Offer that Extinguished Hire Claim:Judge Jones QC in Dudley County Court held on appeal that the Claimant had failed to mitigate by not accepting a reasonable offer of a replacement car from the Defendant's insurers. Disagreeing with the decision at t......

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The defenders plead that the action was time barred under section 17 of the Prescription......

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The defenders plead that the action was time barred under section 17 of the Prescription......

The pursuer sought damages for injuries sustained by him in the course of his employment at the defender's paper mill. In January 2009, the pursuer's right arm was drawn into machinery, which latterly required the surgical amputation of this limb to the elbow, preventing him from being able to cont......

Proof:- In this action the pursuer sought damages from the defender for injuries suffered by him following an accident. On 23 April 2005 the pursuer was travelling south through the village of Blackridge on a motorcycle, with his son as a pillion passenger when, as he reached the crest of a hill as......

Damages - Solatium - Muscle strain in neck and backache - Whether appropriate to value Solatium on basis of whiplash injury The Pursuer, a mechanical engineer aged 25 at Proof, was injured in a road traffic accident. Liability was admitted but quantum was in dispute. The Pursuer experienced im......

The pursuer was injured following an accident and work. He pleaded fault under the Construction (Health Safety and Welfare) Regulations 1996 ("the Construction Regulations") and the Provision and Use of Work Equipment Regulations 1998 ("the Work Equipment Regulations"). At proof the Lord Ordinary c......

Primary Factual Evidence More Important Than Accident Reconstruction Evidence:Coulson J. held that although cases such as the instant case often featured the evidence of accident reconstruction experts, and there was no doubt that their expertise could sometimes be of considerable assistance, it wa......

Where a law firm acting for an opponent in litigation had come in to possession of privileged material and some of it had been reviewed, in deciding whether that firm could continue to act the first question for the Court was whether there was a real risk that information in the documents over whic......

Investors entered into agreements with a brokerage under which the brokerage was to enter into contracts for difference with a third party. Instead of placing the investors' trades as their agent, the brokerage placed matching trades under a contract that provided that both parties would deal w......

Solicitors were retained to act in connection with a development and sale of properties in Bolton. The Claimant entered into a development agreement with the landowners. The development might encroach on adjoining land owned by the local authority to which the Claimant believed it held possessory ......

Judicature (Civil Procedure Code) Law (Jamacia): The Supreme Court of Jamaica was not deprived of jurisdiction to set aside a judgment in default of defence under s.258 of the Judicature (Civil Procedure Code) Law (Jamaica), even though damages had been subsequently assessed and a final judgment ha......

Wasted costs order made against the claimant where there was unreasonable refusal to consent to an adjournment of a trial date where it was virtually impossible to have the case prepared in time. Directions were given in June 2012 for the preparation of a joint expert report. The trial was liste......

The Claimant, aged 14 at the time of the accident, was a cyclist hit by the First Defendant and rendered tetraplegic. The Claimant had pulled out from behind a parked van in to the Claimant's carriageway. The First Defendant was uninsured but the evidence showed that he was driving in to work, ......

Blair J held that a Claimant was not entitled to recover a fee he had paid to a claims handling company that, pursuant to a conditional fee agreement, had successfully handled his claim for vibration white finger injuries. There was no legal justification for implying a contractual term that the c......

The Claimant was a British citizen but had been rendered tetraplegic in a road traffic accident (RTA) while on holiday in Australia. The car was driven by the First Defendant and insured by the Second Defendant. The First Defendant was Japanese and the Second Defendant was registered in Australia. ......

The only challenge made by the reclaimers is in relation to the Lord Ordinarys acceptance of one of the witnesses who the reclaimers submit had been wrong in her testimony and as such she should have been deemed to be an unreliable witness. ......

Exemplary Damages. The acts of a police officer in physically restraining the appellant, handcuffing her, procuring her detention and giving false evidence in an attempt to secure her conviction could be capable of supporting a finding that he had behaved in an oppressive, arbitrary and unconsti......

Proof - Reparation:- On 24 May 2003 the pursuer was visiting her friend who rented her home from the defenders. Whilst trying to open a window the pursuer's hands slipped and they went through the glass. She blamed the defenders for the accident and sought damages for the injuries she sustained. Pr......