Items tagged with SCOTLAND

In June 2007, the pursuer was employed by the defenders as a clerical assistant for a school in Glasgow. She required to use the toilet facilities, and as a courtesy to the next user, attempted to open the window after doing so. The window was around seven feet above the ground, and no pole was in ......

In this case the pursuers sought reparation from the defenders, a firm of solicitors, in respect of their alleged professional negligence. It was submitted fro the defenders that the pursuer had no relevant averments to exclude the operation of Section 6 of the Prescription and Limitation (Scotland......

In this action, the pursuer sought payment by the defender for certain sums averred to have been paid by tenants of a property known as “Corshellach”, which were paid to the defender and retained by her. The basis upon which the rental payments were sought by the pursuer was that the de......

The Pursuer raised an action for damages after he was injured when his stationery car was struck from behind by a car being driven by the Defender's insured. Liability was admitted but there was a dispute over the value of solatium and a Proof took place. The Pursuer gave evidence and the terms o......

In this action for damages for failure to implement missives, the defender had failed to attend court and find caution, leading to decree being granted in favour of the pursuer. The defender appealed to the Sheriff Principal, and subsequently the Court of Session, arguing that a stateable defence i......

In an action for damages for personal injuries, where liability was admitted but there was a dispute over quantum, a Tender had been lodged and accepted. The Pursuer made a motion to have two witnesses, a consultant orthopaedic surgeon and a vocational employment consultant, certified as skilled wi......

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......

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......

The petitioner had raised judicial review proceedings relating to plans to build a golf course and associated leisure development in an area along the coast to the north of Aberdeen. The petitioner sought judicial review of six grants of planning permission. The petitioner later abandoned her peti......

The Pursuer sought damages for injuries he sustained in a road accident. The Defenders admitted that their Insured was responsible for the accident but disputed the value of the Pursuer's claim and a Proof on quantum took place. The Pursuer suffered soft tissue injuries to both shoulders, strains......

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......

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......

An action for damages for loss of chance against a firm of solicitors on the grounds of breach of contract and professional negligence. The firm failed to advise the pursuer that its entitlement to claim pre-award interest or damages in an arbitration had expired, which, the pursuer claimed, result......

The pursuers, members of the deceased's family, sued a company for negligently installing a handrail which allegedly caused the deceased's fatal accident. The defenders tabled a plea of contributory negligence on the basis that the deceased's ability to descend the stairs was impaired b......

The reclaimer, McGlinchey, challenged a decision that she had failed, on a balance of probabilities, to prove that her injury was caused by an allegedly defective handbrake. The issue was whether the Lord Ordinary erred in deciding the case purely on the basis of a failure to overcome the onus of p......

The Pursuer raised an action of damages for injuries sustained in a road traffic accident. He was retired and aged 69 at the time of the accident and 71 at proof. Liability was admitted and the only issue in dispute was the value of solatium. Following the accident, the Pursuer had experienced pain......

On the facts, the court was unable to determine whether cigarette smoking was a cause of lung cancer. The pursuer had failed to adduce evidence which gave the court any special knowledge of the subject-matter on which her experts had relied enabling the court to form its own judgment. In any event,......

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......

In July 2005, two sons of the pursuer were walking along a pavement towards an ice-cream van, when one fell into the road and was trapped under the nearside rear wheel of the defender's vehicle. He sustained numerous serious injuries, including a fractured jaw, the loss of two front teeth, and frac......

Personal Injury:- In this action the pursuer, a principal teacher in Glasgow, raised an action against his employers for (1) loss, injury and damage caused by the defenders' failure to take reasonable care for his health and safety; and (2) breaches by named employees of Section 8 of the Protecti......

Outer House, Court of Session-Reparation-Personal Injury-Action of damages arising out of an accident at a barge in Norway. The pursuer was working as a pipe fitter. He required to negotiate a step over an exposed area of floor. there was piping under the floor. in the circumstances, the pursuer ch......

This is Outer House case in which Mr Leonard sought damages from the Loch Lomond and the Trossachs National Park Authority after falling and injuring himself while descending a path forming part of the West Highland Way at Balmaha. Arguments Mr Leonard (who had been 12 at the time of the acci......

Motion for dismissal:- In this minute the defenders sought dismissal of the action on the basis of inordinate and inexcusable delay on the part of the pursuer in proceeding with the action. The pursuer raised a professional negligence action in 1998 against a consultant gynaecologist and a consul......

Executors sought payment under a personal accident insurance policy underwritten by the defenders who were obliged to pay if injuries caused by an accident were the 'sole cause' of death. The deceased was admitted to hospital after being involved in a road traffic accident where he develope......

M is owner of shop and yard and S is his long lease tenant. M built a new shop in the yard. The yard was not occupied by S but considered by S to be to be part of her lease. S obtains an interim interdict against M entering the yard and the new shop in it on the basis of her lease document appe......

Outer House case concerning an alleged breach of duty under the Occupiers' Liability (Scotland) Act 1960 at Lakeland's store on Hanover Street in Edinburgh. Miss Brown argued that a two-fold failure by Lakeland to install a handrail and to signpost an existing alternative exit on George Street ......

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 she received there. The defenders plead that the action was time barred under section 17 of the Prescriptio......