Items tagged with SCOTLAND

Motion to remit to Sheriff Court:- In this ordinary action the pursuer sought damages of £9,000 in respect of damage caused to his motor vehicle following a collision with a bus driven by an employee of the defenders. Liability was not disputed by the defenders and the only issue related to th......

On 11 August 2000 the pursuer sustained an accident in the course of his employment with the defenders.The pursuer alleged that whilst he was cleaning gutters he fell through a roof and the accident was caused by the defenders' breach of the duties contained in regulations 5, 6 and 7 of the Constru......

The pursuer was involved in a road traffic accident with the defender's insured on 22nd July 2009 in Dalkeith. The parties agreed that the accident was caused by the fault and negligence of the defenders' insured. They also agreed upon the value for services rendered by the pursuer's wife (£10......

The Pursuers/Appellants were heritable proprietors of a first floor tenement flat. The Defender/Respondent was the proprietor of the property below. He had arranged for Ascension Construction Limited to carry out works to his property and they were convened as third parties to the action. The Pur......

Personal Injury - Proof Before Answer:- On 17 June 1999 the pursuer was the pillion passenger on a motor cycle being driven by is friend, the first defender, who was uninsured. The motor cyle collided with a motor car being driven by a 67 year old man, the second defender. Due to the first defend......

Reclaiming motion:- On 17 July 1999 the pursuer was riding as a pillion passenger a on a motorcycle which was driven by the first defender. The pursuer was seriously injured when the motorcycle collided with a car driven by the second defender. The pursuer thereafter raised an action against both a......

The Pursuer was formally a soldier in a Scottish regiment He was subsequently medically discharged due to a dermatological problem. The Pursuer claimed that he was suffering from mycosis fungoides which started during his term in the forces. He claimed it was due to his exposure to chemicals which ......

Proof - Professional Negligence:- The pursuer, a 51 year old man, was married in 1980 and he and his wife had four children. Following the birth of their fourth child in 1995 the pursuer decided to have a vasectomy. On 7 May 1996 he attended the Family Planning and Well Woman Clinic at 18 Dean Te......

Proof - Professional Negligence:- The pursuer, a 51 year old man, was married in 1980 and he and his wife had four children. Following the birth of their fourth child in 1995 the pursuer decided to have a vasectomy. On 7 May 1996 he attended the Family Planning and Well Woman Clinic at 18 Dean Te......

Proof: Damages (Scotland) Act 2011 :Section 4(3)(b)(ii) and (iii): the pursuer brought an action for damages arising out of his mother's death when her car left a road on a bend and she was killed. The accident happened shortly before 6am. Temperatures had been low. The Defenders were responsib......

The Pursuers and Appellants were the joint proprietors of a first floor flat. The Defender and Respondent was the heritable proprietor of the shop which was located directly below the flat. The Defender had arranged for alteration works to be carried out to the shop. The works were subject to a......

The pursuer became a client of the defenders in July 2000. The defenders were a firm of independent financial advisers. At the time of engaging the defenders' services, the pursuer sought to review his pension provision. After the pursuer's investments were not as successful as was originally hoped......

Proof: Personal Injuries: Liability not in dispute; proof on quantum. The pursuer suffered injury when, in the course of his employment, a heavy cutting machine fell on top of him. The pursuer was trapped in a bent over position. The weight of the machine caused an unusual low velocity, high torque......

Outer House case relating to a personal guarantee granted by Mr Kipling to Dunbar Bank. The bank issued a charge for the payment of over £1m on Mr Kipling on the basis of the guarantee. Mr Kipling argued amongst other things that he was not liable to pay as the bank had agreed to waive i......

The pursuer was employed by the defenders at a supermarket in St. Andrews. During the course of his employment the pursuer stacked shelves. On two separate occasions in December 2005 and a month later, the pursuer injured his back whilst lifting heavy goods within the supermarket. Following the sec......

Here the pursuer sought an additional fee in terms of rule 42.14(a), (b) and (e) of the Rules of the Court of Session 1994. As to head (a), "the complexity of the cause and the number, difficulty or novelty of the questions raised", the issue of complexity was centred on the medical consequences of......

In April 2004, the pursuer purchased a bicycle from the defenders by mail order. On or about 9 April 2004, the Pursuer was out cycling alone on the bike when he was involved in an accident. On or around the following, the pursuer and his father took the bike to North Ayrshire Cycles to be inspected......

Procedure Roll:- On 6 March 2009 the judge here issued an oral decision following a debate on the pursuer's pleadings. At the behest of the first defenders a written opinion was issued. The debate only proceeded in relation to the first preliminary plea of the first defenders. The case was raised......

This cause was remitted from Perth Sheriff Court and raised important questions concerning the Community Care and Health (Scotland) Act 2002. It was submitted on behalf of the pursuer that a range of services provided by the defenders to him and to his late wife should have been provided free of ......

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 second defender was employed by the first defenders and the pursuer averred that 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 second defender was employed by the first defenders and the pursuer averred that he ......

In September 2001 the pursuer injured her right ankle when she tripped on loose carpeting in a bus travelling on an excursion over the Simplon Pass to Zermatt. She seeks damages from the defenders a travel company called International Travel Service Limited. Counsel for the pursuer argue that the c......

Contract:- In September 2001 the pursuer and her husband went on a coach holiday in Switzerland and Italy. On the last day of her holiday the pursuer tripped on a carpet in the coach and injured her ankle. The pursuer raised an action against the defenders with whom she had entered into a contract ......

This case concerns the determination of solatium based on the extent of injuries and their effect on future employability of the pursuer following admitted liability for personal injury caused to the pursuer by the defender in a road accident in 2009. The condition said to be limiting the pu......

Procedure Roll:- In this action the pursuer, an architect, sought damages from the first and second defenders, developers and architects respectively, for breach of copyright. The pursuer was instructed by the first defenders predecessor in title as an architect in relation to the development of ......