Items tagged with SCOTLAND

This action was an appeal against an interlocutor of the Sheriff Principal at Glasgow upholding a decision of the Sheriff, who had excluded certain averments of the pursuer and the appellant, and had excluded certain craves against the first and second defender. The appellant had alleged that on 6......

Outer House case concerning the damages payable as a result of a solicitor's professional negligence. VMH LLP advised Kirkton in relation to the purchase of a site at 144 to 148 Slateford Road in Edinburgh in 2005 from HBJ 590. The site had the benefit of conditional planning permission fo......

This is a significant judgment marking a change in the conduct of civil jury trials in Scotland. An enlarged bench was convened to hear conjoined motions for a new trial on the grounds, inter alia, that a) damages awarded by the juries were excessive (section 29(1)(d), Court of Session Act 19......

The pursuers here were the stepson and the youngest son of the deceased, Gerald James Toms, who died on 12 October 2000, as a result of falling asleep at the wheel of a lorry which he was driving for the Post Office, then trading as Parcelforce Worldwide. and were, or should have been, aware of the......

Personal Injury - Specification of Documents & Diligence:- In this action the pursuer sought damages following a car accident in which she blamed the defenders' employee. Liability was admitted and the only remaining issue was the quantification of damages. The defenders lodged a specificatio......

The pursuer had been supplied to work for the defenders by the third party. Case considers general principles of law that apply in cases where an individual has a contract of employment with one person but in pursuance of that contract of employment performs work for another person. The pursuers cl......

Proof:- On 4 June 2001 the pursuer was involved in a road traffic accident when a tractor towing a trailer being driven by an employee of the defenders, in the course of his employment with them, passed the pursuer on the other side of the road. As it did so, the trailer became detached from the ......

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......

Proof:- In this action the pursuer, the owner of a nursery business, sought damages from the defenders, a firm of chartered surveyors, for an alleged breach of contract and professional negligence arising out of a failure to exercise the standard of skill and care reasonably to be expected from a......

In this action the pursuer sought damages for an injury to his left eye which he sustained during his employment with the defender. Here the pursuer moved for issues to be allowed and the cause appointed to jury trial. The motion was opposed by the defender who moved for a proof. It was opposed on ......

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......

Pursuer avers that as a result of the fault on the part of the defenders she sustained a partial tear of her rotator cuff tendon. The defenders deny the pursuers averments and claim that any problem the pursuer had with her shoulder were caused not by any ......

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......

Proof: Regulation 12(3) Workplace (Health, Safety and Welfare) Regulations 1992: injury when pursuer slipped on stairs due to slippery substance. The pursuer brought an action for damages for injuries sustained when she slipped on stairs during her employment as a janiter at a school. The incident ......

Here the court considered this petition for judicial review of decisions by the Committee of the Club to uphold a complaint against Mr Lindsay Smith and suspend him from membership of the Club. Another member of the Club complained to the Captain of the Club that Mr Smith had cheated in a match pla......

The pursuer (and appellant) was a nine year old girl who climbed into the rafters of a shelter in the playground of her primary school where she fell and injured her wrist. The defenders (and respondents) were the local authority whom the pursuer sued for breach of s.2(1) of the Occupiers Liability......

Petition for Judicial Review:- The petitioners, Lloyds Pharmacy Ltd, averred that Lanarkshire Health Board's decision to refuse their application for a minor relocation of their pharmacy under Regulation 5(1) of National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009, was unla......

The pursuer's motion was opposed by the defenders but only in relation to expenses. The defenders moved for modification of the pursuer's expenses to expenses on the sheriff court ordinary scale without the sanction for counsel.Rule 42.5.(1) of the Rules of the Court of Session 1994 provides that: ......

The Pursuer (aged 38 at Proof) raised an action of damages following a road traffic accident in October 2006. The Defender admitted liability but quantum could be not be agreed. The Pursuer was diagnosed with a whiplash injury and was prescribed painkillers. For about 2 months after the accident, t......

Motion for modification of expenses to nil in terms of s. 18(2), Legal Aid (Scotland) Act 1986, raising the issue of whether the respondent, when opposing a petition, was a 'legally assisted person' by virtue of the special urgency provision contained in reg. 18(2), Civil Legal Aid (Scotlan......

The Pursuer, aged 49 at Proof, sought damages following a road accident. Liability was admitted and the Proof was restricted to quantum. The Pursuer suffered a whiplash injury to his neck and was left with intermittent neck pain and headaches. These settled within 7 months of the accident. For 6 ......

The Pursuer/Appellant raised an action at Ayr sheriff Court claiming damages for both breach of copyright and for breach of the Defender/Respondent's statutory duty under the Copyright, Designs and Patents Act 1988 to identify the Pursuer as the owner of photographs that the Defender had publi......

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......

-"(1) Each employer shall -(a) so far as is reasonably practicable, avoid the need for his employees to undertake any manual handing operations at work which involve a risk of their being injured ".The pursuer averred that processing chickens was a manual ......

the reclaimer had been employed by the respondents since 1991. Around 2000 she developed carpal tunnel syndrome in her left wrist which, she claimed, was aggravated by her working conditions. She sought damages for personal injury from the respondents. The Lord Ordinary assoilzied the respondents h......

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......