Items tagged with SCOTLAND

In a family action, the Defender withheld details of her current address. At proof, the Pursuer objected to the non disclosure. When the action was raised, the Defender had admitted the address in the instance in her defences. She later changed her address, but did not provided details of her up to......

Here a motion was made on behalf of eleven individuals who claimed to have been diagnosed with bilateral pleural plaques caused by negligent exposure to asbestos and who had actions for loss, injury and damage in process or in immediate contemplation for leave to enter the process in terms of Rule ......

Proof:- On 25 August 2005 the pursuer was injured in an accident sustained by him during the course of his employment with the defenders as a delivery driver. Liability was admitted by the defenders and the only issue at proof was whether the injury had rendered the pursuer unfit for heavy work t......

The pursuer was entitled to bring her personal injury claim in the Court of Session despite its relatively low value. The Rules of the Court of Session Chapter 43 was designed to ensure that such claims were resolved with speed and economy. ......

The Pursuer claimed damages for injuries she suffered in a road traffic accident. Liability was not in dispute but quantum could not be agreed and a Proof took place. At the time of the Proof the Pursuer was 41 years old. She was the only witness to give evidence. On several important points her e......

Proof - Reparation:- In this action the pursuer, a 20 year old trainee service engineer employed by Stilcan Industrial Conveyors Ltd, attended at the defenders' premises at Glen Ord Distillery to carry out maintenance work on scrapers on two conveyor belts. Whilst carrying out the repair work his......

Reparation - Proof:- The pursuer was employed by the defenders as a social worker. The pursuer had a desk bound job in which she claimed that she developed a pain in her neck from stretching and twisting to use a computer that she shared with a colleague and which was situated on an adjacent desk......

Procedure Roll:- In this action the pursuer, a solicitor who had been appointed curator bonis of DMF, sought damages from the defenders of £5,000,000 in relation to alleged negligent acts and omissions in 1980 in relation to the birth of DMF on 18 July 1980 when, following her birth by emergen......

Proof:- In 1987 the pursuers purchased a warehouse in a Georgian terrace overlooking Leith Links. The defenders acted for the pursuers in the purchase of the property. By a disposition dated 9 and 29 July 1986, the property was conveyed into the joint names of the pursuers. Certain additional bur......

Personal Injury/Child Abuse/Limitation/Time Bar/Sections 17 and 19A, Prescription and Limitation (Scotland) Act 1973/Damages for Injury, Loss and Damage An action of damages in respect of child abuse at a children's home (Nazareth House) in the 1970s. The defenders pled time bar. The purs......

On 25 October 2000 the pursuer, who had been working at the base of a tractor unit, rose from a crouching position and struck his head against a tilt bar protruding horizontally from its socket which had not been removed. In this action liability was agreed on the basis that the accident was caused......

The Appellants/Defenders appealed against the Sheriff's decision to grant commission and diligence in terms of a Summary Application brought under Section 1(1) of the Administration of Justice (Scotland) Act 1972 (“the 1972 Act”) for recovery of documents held by or on behalf of the App......

Parties and Background The respondent, Bruce Kirkpatrick, was a large goods vehicle driver for Cameron Young Transport Ltd. His licence was revoked by the second appellant, the Deputy Traffic Commissioner (DTC), in October 2010. Drivers were supposed to carry out double-manned journeys so th......

This action concerned liability for a road accident involving the Pursuer's car and a car being driven by the Defenders' employee, M. Quantum was agreed and a Proof on liability took place at which the Pursuer and M were the only witnesses. The accident occurred on a road which had four lanes, two ......

Parties and Background The respondent, Cameron John Young, was a large goods transport company owner. He held a large goods vehicle licence. His licence was revoked by the second appellant, the Deputy Traffic Commissioner (DTC), in October 2010. Mr Young's drivers were supposed to carry out ......

The Pursuer's daughter suffered an accident at Kirkcaldy Ice Rink in October 2007 when she was 12 years old. As she left the ice and stepped onto a walkway, her right skate became caught in some netting that was trailing on the ground. She fell and twisted her ankle. The netting was there to protec......

Action for Damages – Solatium - Road traffic accident – Causation - Pursuer having suffered whiplash type injury, although vehicles she was in The Pursuer was a passenger in a private hire vehicle, which was stationery at a junction when it was struck on the rear bumper by the......

The Pursuer sought damages for alleged negligence on the part of the Defenders and also damages for alleged nuisance. A drainage ditch at the side of a public road ran alongside the Pursuer's fields. The Defenders were the local authority responsible for the management and maintenance of the road a......

The pursuers (and appellants) were the Child Maintenance and Enforcement Agency. The defender (and respondent) had allegedly failed to make child maintenance payments to the pursuers under a Liability Order dated 21st May 2008. First Instance Proceedings: This was an appeal in a summary applic......

Application requesting the court exercise its discretion under s.19A, Prescription and Limitation (Scotland) Act 1973 after a timeous action for damages in an upper limb claim failed. S. 19A was invoked to a material degree out of the conduct of the pursuer's legal representatives. The court no......

Reparation - Debate:- In this action the pursuer sought damages in respect of alleged bullying and harassment at her work between early 2000 and late 2001. During that period the pursuer was employed as a prison guard by the Scottish Prison Service and her claim comprised solatium for anxiety, dist......

Proof on liability:- The pursuer was the father and guardian of Thomas Brown, who was born on 13 August 1992. On 3 April 2003, Thomas was a pupil at Ladywell School, Motherwell. On that day, he was engaged with 2 other pupils in painting a large sheet of paper on the floor of a classroom. The child......

Action for damages for professional negligence. Advice, on an investment, had been given to the pursuers by a finance planning manager employed by the defenders. The investment amounted to one million pounds. The advice was to invest in Clerical Medical Premier Offshore with Profits Bond. Disputed,......

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 ("Mr Leggat") sued for damage for personal injuries sustained in a Road Traffic accident on 30 May 2005. Liability was admitted and no question of contributory negligence arose. The proof was accordingly restricted to the issue of quantum. ......