Items tagged with SCOTLAND

The Pursuer (aged 24 at Proof) claimed damages following a road traffic accident in which his car was struck by the Defender's car. The Defender admitted liability but quantum was disputed. A Proof took place at which the Pursuer was the only witness. The parties had entered into a Joint Minute......

In this action S. sought damages on behalf of her son, J. in respect of negligence in the management of the delivery of J. J. who is now 9 years of age suffers from cerebral palsy and is severely disabled. The action was settled extra-judicially on the basis of payment to the pursuer of a sum of ......

The pursuer sued for one and a half million pounds in respect of a road traffic accident which occurred on 11 October 2004 when she was twenty nine years of age. The pursuer averred that, as a result of the accident, she required to undergo an above knee amputation. She remained in hospital until 2......

In this action, the pursuers (who were the successors to the rights and claims of Girobank plc) sued the defenders for breach of contract. The defenders were chartered surveyors, who had provided Girobank with a valuation report in respect of certain properties in October 2001. The pursuers argued ......

Sheriff Court case concerning the competency of service of a calling up notice under the Conveyancing and Feudal Reform (Scotland) Act 1970. After having failed to find Mr Gallagher, Sheriff Officers instructed by Santander, purported to serve the notice on Mr Gallagher by putting it thro......

Proof:- On 20 January 2003 the pursuer, a teacher, was driving her motor car northwards on the A77, as she made her way to work, when she was involved in a serious road traffic accident. A lorry came out of a lay-by and the pursuer moved into the offside lane to avoid it, braked, and as she did s......

In November 2007, the pursuer's Toyota Celic motor vehicle was damaged by a City of Edinburgh Council refuse collection vehicle, whilst parked outside the pursuer's workplace. The pursuer had recently purchased his vehicle for the sum of £1,700. On 10 March 2008 the defenders' insurers wrote t......

David Wilson, partner at Digby Brown LLP, introduces the early disclosure/ specification aspect of the new Sheriff Court Rules. Download the Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 ......

David Wilson, partner at Digby Brown LLP, introduces the simplified pleadings aspect of the new Sheriff Court Rules. Download the Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 ......

An action for damages for personal injury sustained by Smith when subcontracted by Strang Ltd to carry out fencing works. Although primary liability was admitted by Strang Ltd, the parties disputed that circumstances in which the accident occurred, including the issue of contributory negligence and......

The Pursuers/Appellants raised an action for interdict. Interim interdict was granted pre service and a hearing was then assigned. Both the Pursuers and the Defender were represented at that hearing, at which the Sheriff continued the interim interdict previously granted. The Defender/Appellant t......

The Pursuer in this case sought equitable discretion under s.19 of the Prescription and Limitation (Scotland) Act 1973 to bring an action for damages resulting from medical negligence following the expiry of the three year time bar under s.17 if the Act. The court dismissed the action.Lady Smith he......

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

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

The pursuer sought damages for injuries sustained by him in the course of his employment at the defender's paper mill. In January 2009, the pursuer's right arm was drawn into machinery, which latterly required the surgical amputation of this limb to the elbow, preventing him from being able to cont......

Proof:- In this action the pursuer sought damages from the defender for injuries suffered by him following an accident. On 23 April 2005 the pursuer was travelling south through the village of Blackridge on a motorcycle, with his son as a pillion passenger when, as he reached the crest of a hill as......

Damages - Solatium - Muscle strain in neck and backache - Whether appropriate to value Solatium on basis of whiplash injury The Pursuer, a mechanical engineer aged 25 at Proof, was injured in a road traffic accident. Liability was admitted but quantum was in dispute. The Pursuer experienced im......

The pursuer was injured following an accident and work. He pleaded fault under the Construction (Health Safety and Welfare) Regulations 1996 ("the Construction Regulations") and the Provision and Use of Work Equipment Regulations 1998 ("the Work Equipment Regulations"). At proof the Lord Ordinary c......

The only challenge made by the reclaimers is in relation to the Lord Ordinarys acceptance of one of the witnesses who the reclaimers submit had been wrong in her testimony and as such she should have been deemed to be an unreliable witness. ......

Proof - Reparation:- On 24 May 2003 the pursuer was visiting her friend who rented her home from the defenders. Whilst trying to open a window the pursuer's hands slipped and they went through the glass. She blamed the defenders for the accident and sought damages for the injuries she sustained. Pr......

The appellant was injured in playing on a carpet indoor tennis-court due to the type of shoe he was wearing. He sought but was denied damages from the owner of the leisure facility and in 2009 appealed to the Sherriff Principal. In this second appeal, the court of Sessions held that at first ins......

The pursuer and reclaimer had sued for "unlimited damages/solatium including actio iniuriarum" in respect of an article published by the defender and respondent on 11 February 2007 in the Sunday Times Scotland edition, and on two related websites. The court recounted that the pursuer and reclaimer......

Following a Proof in a Small Calim action, the Sheriff found in favour of the Pursuer and granted Decree for just under £1,000. He was addressed in the question of expenses and found the Defenders liable to the Pursuer in expenses as assessed in the Summary Cause Scale on the basis that there......

This appeal to the Sheriff Principal related to a summary application seeking a Sexual Offences Prevention Order against the Defender/Appellant in terms of s104 of the Sexual Offences Act 2003. At an earlier hearing in August 2009, the Defender had not appeared and the Sheriff had decided that......

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......