Items tagged with SCOTLAND

The pursuer sought damages against the defenders having suffered injuries whilst skiing at Aonach Mor on 20 March 2002. Counsel for the pursuer made a motion for the proof on liability to be separated from proof on quantum and to restrict the present proof to liability only. The motion was unoppose......

Procedure Roll:- The pursuer in this action was the executor nominate of Isabella Urquhart who died on 22 October 2005. As a firm of solicitors the defenders succeeded to the liabilities of the former partnership of Hunter & Robertson. In this action the pursuer sought damages as executor of ......

On the morning of 23 November 2004 the pursuer drove his van eastwards along the A950 and then drove in a southerly direction along the A981. A short distance south of the junction of the two roads he skidded on ice and went off the road whereby he was injured. It was submitted on behalf of the pur......

Appeal by way of petition against a decision of the Scottish Solicitors Discipline Tribunal under section 54(1) of the Solicitors (Scotland) Act 1980. The decision in question related to a prior finding by the first respondents to the effect that the petitioners had provided an inadequate professio......

In this action, the petitioners sought interdict and interim interdict to prevent the respondent from describing himself as an osteopath. The court heard that the Osteopaths Act 1993 was enacted to provide a statutory scheme for the practice of osteopathy in the UK, with section 3 of the Act desig......

Petition for winding-up:- A director of UK Bankruptcy (UK) Ltd, a company subject to winding-up proceedings, lodged answers in defence of the petition, in order to forestall disqualification proceedings against him under the Company Directors Disqualification Act 1986. In 2009, the director sought......

The Pursuers sustained injuries when the driver of the bus on which they had been travelling braked suddenly. They raised an action for damages against the bus driver's employers. Quantum was agreed but liability was disputed. At proof, the driver's evidence was that a dog had run in front of the b......

Here the pursuer sued the defenders for damages for personal injury sustained when she fell and twisted her ankle in a car park off Blenheim Avenue, Stepps on 24 December 2002. The pursuer claimed that near the entrance to the car park her left foot went into a pothole, she did not see. As the purs......

The Pursuer raised an action of damages following a road accident in December 2008. She was 23 years old at the time of the accident and 25 at the date of proof. Liability was admitted but there was a dispute over quantum.The Pursuer suffered a soft tissue injury to her lower back as a result of......

In March 2006, the first defender was driving his vehicle at speed on the A832, lost control of the car and was involved in an accident after the vehicle overturned. The pursuer sustained serious injuries as a result of the accident. The loss of control occurred at a time when the first defender ha......

Minute of Amendment:- In this action for reparation a proof has been fixed for 23 November 2010. The pursuer is a party litigant who formerly had the assistance of both solicitor and counsel. On 1 December 2009 Lord Bannatyne ex proprio motu discharged the second diet of proof and motions on behalf......

Motion for expenses and caution:- In this action the pursuer sought damages from the defenders for injuries which he sustained as a result of an accident while in the course of their employment at Inverness Airport on 18 June 2003. It was the pursuer's case that he sustained the injuries to his bac......

This case concerned an accident in 2004. The accident occurred during the "Little the Jewellers" Speyside Stages Rally. The rally was part of the Scottish Rally Championship and the pursuer was the reigning Scottish Rally Champion. Prior to competing in the rally the pursuer, and other competitors,......

Proof:- In this action the pursuer, a successful rally driver, sought damages from the defenders, a provider of maps via DVDs used to assist navigators in a rally, following a crash in which the pursuer's car and he was psychiatrically injured. In this action the standard of negligence which fell t......

Procedure Roll - Relevancy of Pleadings:- This was an action by a developer against chartered surveyors arising out of alleged professional negligence in the preparation of a plan of a plot of ground. The defenders challenged the relevancy of the pursuers' pleadings at debate and sought to have t......

On 29 March 2010 the Scottish Solicitors Discipline Tribunal had found the petitioner guilty of professional misconduct and made an order censuring him, finding him liable for the expenses of the proceedings before it. The petitioner appealed against that decision under section 54 of the Solicitors......

In this statutory appeal, a pressure group known as Road Sense appealed against a decision of the Scottish Ministers as the trunk and special roads authority in terms of the Roads (Scotland) Act 1984. The appellants sought a Protective Expenses Order in their favour in the present motion. Road Sen......

Robbie Scott (15) suffered from cerebral palsy. In this action he sought damages for alleged medical negligence. The parties agreed the level of damages to be awarded in the event of a finding of negligence. Proof here therefore was restricted to whether or not Dr Tara Cooper, who was then a senior......

First Defenders/Appellants appealed against the Sheriff's decision to allow a Proof before Answer following a debate.The Pursuers/Respondents had entered into a share purchase agreement ("the Agreement") for the sale of their business to the First Defenders/Appellants. The Agreement confirmed t......

The pursuer had been employed as a power loader in the mining industry between about 1976 and 2002, when he was made redundant. He had developed Hand Arm Vibration Syndrome ("HAVS") and has been partially compensated for this by the defenders. In particular, he has received payments from the defend......

The pursuer was working offshore and sustained his injuries as a result of the ladder which he used to get down from his bunk not having been properly secured. The pursuers case was pled under regulations 4 5 and 20 of the Provision and Use of Work Equipment Regulations 1998 (the Work Equipment Reg......

Reparation - Additional Fee:- On behalf of the pursuer a motion was enrolled to allow inter alia an additional fee in terms of Rule of Court 42.14 (3) (a), (e) and (g). The motion, in relation to the additional fee only, was opposed by the defenders. It was submitted on behalf of the pursuer that (......

Proof:- The pursuer was employed by the defenders as a waste management workerbefore in April 2005 they employed him as a driver of a triple mower cutting large areas of grass on their housing estates in Dundee. The defenders sent the pursuer on a training course in the operation of triple mowers......

Reclaiming motion: Contributory negligence. The pursuer was awarded decree in his favour subject to a finding of 20% contributory negligence on his part at proof. The defenders reclaimed and argued that the finding of contributory negligence should have been higher. The pursuer was working as a sub......

On 5 February 2008 an Opinion was issued and the Court pronounced interlocutors in the two petitions, which reduced the decision of the first respondent in refusing to order a Fatal Accident Inquiry into the deaths of Mrs. Eileen O'Hara and the Reverend David Charles Black. At that time the court......

In this Procedure Roll Motion, the defender and third party sought dismissal of the claim brought by the eighth pursuer, on grounds that his claim for non-patrimonial loss for death of his step-child, was excluded by s1(4A) of the Family Law (Scotland) Act 2006, amending the Damages (Scotland) Act ......