Items tagged with SCOTLAND

Reparation - Damages - Solatium - Minor Injuries to upper back, neck, chest and shoulder; anxiety when driving The Pursuer sought damages for injuries he suffered as a result of a road traffic accident in November, 2005. His stationary vehicle was struck from behind by a vehicle for which the D......

In this action the pursuer sued Aberdeenshire Council in respect of injuries she received whilst at work on 1 May 2003. The pursuer was employed as a project officer within the Criminal Justice Team of the Social Work Department of Aberdeenshire Council and was responsible for administering the com......

The pursuer sought reparation for injuries sustained by her in an accident at the defenders' premises. She alleged that whilst walking along a private road within the site she tripped and fell over a speed hump on that road. She averred that an accident of this nature at this location was reasonabl......

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......

Here the pursuer sought damages from the defender in respect of a road accident which occurred on 4 September 2003. In the accident the pursuer sustained leg injuries when his motor cycle ran into the rear of the defender's car which was allegedly reversing round a sharp bend on the A82. It was acc......

Here the pursuer sought damages from the defender in respect of a road accident which occurred on 4 September 2003. In the accident the pursuer sustained leg injuries when his motor cycle ran into the rear of the defender's car which was allegedly reversing round a sharp bend on the A82. It was acc......

In this action, the pursuers sought implementation of missives, which the parties had entered into in 2008, for the purchase of subjects at Dens Road Market, Dundee. The pursuers sought payment of the purchase price from the defenders, totalling the sum of £1,550,000. The defenders denied thei......

In this petition for judicial review the petitioner sought to challenge the decision of the Lord Advocate, dated 8 May 2008, refusing a request that a fatal accident inquiry be held into the circumstances surrounding the death of the petitioner's daughter. On 19 December 1995 Richard Karling was ......

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 ......

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......

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......

Medical Negligence/Standard of Care/Treatment Options/Clinical Judgement Other than in extreme cases, the stage at which it is necessary to consider other treatment options following a course of conservative treatment is within the bounds of clinical judgement. The pursuer averred that ......

The reclaimer sought reparation on behalf of her son who sustained grave injury resulting in permanent disabilities at the time of his birth in a maternity hospital ran by the respondents. The central issues were: i) the scope of the duty to give advice; ii) whether a modification of causation prin......

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......

Proof:- In this personal injury action the pursuer sought reparation, as the mother and guardian of her son, Sam Montgomery, from the defenders following complications at the birth of her son on 1 October 1999. Quantum was agreed at £5.25million pounds and the only issue at proof was liability......

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......

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......

Parties and Background: The pursuer was a businessman who owned several firearms which he stored at his home near Beauly. The defender was the Chief Constable of Northern Constabulary. The defender had revoked the pursuer's firearms certificates under s.30 of the Firearms Act 1968 following a......

This is an Outer House case in which Northern Rock sought damages from the solicitor of one of its customers. Headway Caledonian Ltd borrowed sums to finance the purchase of a Business Park in Hamilton. In return it granted a standard security in favour of Northern Rock. Some years later, Headway&#......

A solicitor acting for a commercial borrower whose negligent misstatement led to the lending bank granting a full rather than partial discharge of security was not liable in damages to the lender following the borrower's insolvency. ......

The Pursuers raised an action for payment of a sum that the Defenders had withheld in respect of invoices rendered for work done under a contract between the parties. The Defenders were a Dutch company registered in The Haig with a place of business in the Republic of Kazakhstan. The Defenders clai......

Pateson, the pursuer, sustained a severe injury to his right ankle when he fell from a ladder at work. At the time of injury and during the proceedings he was employed by Tilly Confectionery, a company founded by his parents. He claimed against the company and both his parents for negligence and br......

Personal Injury - Proof:- In the case the pursuer, a consultant orthopaedic surgeon, sought damages for a severe injury to her right knee when she collided with the defender's labrador whilst she was walking her golden retriever in a field near the village of Wellbank on 14 March 2005. In the cas......

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......

Kyle McKenzie (12) suffered from cerebral palsy which was caused by events at his birth in 1994. The proof here related solely to the timing of the events that caused that condition the defenders having lodged a Minute of Admission of Liability in the terms:- "...the defenders hereby admit liabilit......

The pursuers were a retailing company whose business premises were flooded in 2001 when a mains water connection failed. According to the pursuers, that failure and the resulting loss and damage were caused by breach of contract on the part of the defenders who had carried out shop-fitting works,an......