Items starting with T

The solicitors did not owe an implied duty to advise commercially experienced and advised of the possibility of seeking guarantees from the parent companies of a start-up venture. ......

The Court of Appeal held that whilst in the Court of Appeal it is usual for costs to follow the event, in the instant appeal, the appropriate order was no order as to costs. The Respondent individual began proceedings in the Employment Tribunal, being a cost-free jurisdiction. Although unsuccessfu......

In this case the pursuers sued a firm of solicitors for breach of contract and negligence. The main question here was whether the claim had prescribed by virtue of section 6 of the Prescription and Limitation (Scotland) Act 1973. The defenders argued that any obligation upon them had prescribed sin......

The pursuers were the Scottish Ministers' Civil Recovery Unit. The defender was a suspected heroin dealer who had cash seized from his house during a police search under s.23 of the Misuse of Drugs Act 1974. The pursuers sought to have the money forfeitured under the Proceeds of Crime Act. How......

Whether Degree Of Risk Of Activity Acceptable Is A Question Of Judgment, Degree And Fact:The Court of Appeal held that in determining whether the social value of an activity was such that it carried an acceptable degree of risk was a question of judgment, degree and fact. This question had to be de......

In this action the Pursuer sought damages for injuries sustained in a road traffic accident on 9 June 2002 when she was the front seat passenger in a motor vehicle being driven by her husband which was involved in a head on collision with another vehicle. Liability to make reparation was admitted b......

Proof:- The pursuer was employed as a painter in the shipyards by the first defenders between 1959 and 1969 and by the second defenders between 1970 and 1973 when he was exposed to asbestos dust causing mesothelioma. In this action the pursuer sought damages for personal injury in respect of the ......

Reparation:- On 5 October 2002, the pursuer was injured when working in a warehouse at 137 Shawbridge Street, Pollockshaws, Glasgow. The second defenders were the owners of the warehouse. The first defender was a director of the second defenders. At the time of the accident, the pursuer had been ......

Reclaiming motion:- On 7 March 2008 the Lord Ordinary granted decree against the first defender for payment of a sum of damages to the pursuer following proof in respect of a claim for personal injuries. The second defenders were assoilzied. It is against that interlocutor the first defender recl......

Proof - Reparation:- The pursuer, a 67 year old man, formerly worked as a welder. At various stages during the course of his working life he worked as a welder for the three defenders. Since retiring from his employment the pursuer was diagnosed with a serious form of interstitial lung disease. I......

Death as a Consequence of Injuries for which Damages already awarded. Langstaff J. held that the dependents of an accident victim who received compensation in respect of personal injuries that subsequently proved to be fatal could not bring a claim under the Fatal Accident Act 1976. The case of Re......

Death as a Consequence of Injuries for which Damages already awarded. Langstaff J. held that the dependents of an accident victim who received compensation in respect of personal injuries that subsequently proved to be fatal could not bring a claim under the Fatal Accident Act 1976. The case of Re......

In a Part 8 Claim for professional negligence against a GP a Part 36 Offer was made and accepted following exchange of pre-action correspondence. The question arose as to whether CPR 36.10 applied to costs incurred pre-issue. By contrast to CPR 36.3, CPR 36.10 applied to pre-issue costs as much as ......

Where a doctor had failed to advise that the consequences of an injection might cause discomfort during imminent surgery he should not be liable for the unforeseeable development of a vaccine strain disease caused by the operation. ......

Court Set Out Model Periodical Payments Order: The Court of Appeal had considered periodical payment orders in the three instant cases and found that it was appropriate to link them to the ASHE 6115 index rather than to the retail price index. The claimants thus sought approval of model periodi......

There was no duty on auctioneers who held on reasonable grounds a certain and definite opinion as to the provenance of an item offered for sale to qualify a description in the catalogue as any alternative would be fanciful rather than real. ......

Indemnity costs. A trial judge's duty to assist the costs judge should not be defeated by the potentially paying litigant offering to pay costs on an indemnity basis while reserving the right to argue that its opponent's expenditure of costs had been extravagant or unreasonable. The Bank of Engl......

Acceptance of the Part 36 offer could have been treated as the local authority's willingness to compromise a particular claim without prejudice to the stance that it might adopt in other cases. It was held that the Part 36 regime was intended to encourage defendants to accept appropriate offe......

A solicitor who had acted for an impecunious claimant under a conditional fee agreement where there was no after the event insurance policy in place and who also agreed to fund disbursements necessary to allow the proceedings to continue was not without more liable to be the subject of a non-party ......

A bank loan was securitised along with a tranche of other loans and sold to the Claimant, who in turn issued floating rate notes to investors. The issue was whether the Claimant could bring a claim against the valuation company instructed by the bank in making the original loan for an alleged negli......

The pursuers sought recovery of £87,831.11, a sum due to them in professional fees and outlays for their legal services, provided to the defenders over the period 1986 to 1994. The defenders disputed the pursuers' entitlement to the sum claimed for, on three main grounds. First, the defenders ......