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Items tagged with SCOTLAND

Grandison v East Lothian Council ? Haddington Sheriff Court, 28 February 2008

The Pursuer was employed by the Defenders as a slater/builder. He and a colleague were instructed to remove slabs from the garden of a property owned by the Defenders. Part of the operation involved breaking up a concrete block and they did so using a pickaxe and a large hammer. As the Pursuer trie......

Gwenneth Ann McCafferty & others v. Scott's Caravan & others [2011] CSOH 16

In February 2007, the first pursuer and her husband stayed overnight in a caravan belonging to the first pursuer's brother. The caravan had a gas heater. During the night carbon monoxide from the flue of the heater re-entered the caravan. The first pursuer and her husband sustained carbon monoxide ......

Hamish McLeod Prentice v. Richard Allan Sandeman [2011] CSOH 18

The pursuer sought damages for professional negligence arising out of the alleged mishandling of his unfair dismissal claim by his solicitor. At this debate, the defender submitted that the pursuer's action was incompetent, and was moreover irrelevant and lacking in specification. The defender subm......

Hannigan v Lanarkshire Acute Hospitals NHS Trust [2012] CSOH 152 - 21st September 2012

An action seeking reparation for loss and damage suffered as a consequence of alleged negligence of a consultant and registrar in gynaecology while carrying out a total abdominal hysterectomy (removal of the uterus) and left salpingo-oophorectomy (removal of the left ovary). The issues were whether......

Healthcare at Home Ltd v. The Common Services Agency [2011] CSOH 22

In this action, the pursuer sought the setting aside of a decision of the defender to award a Framework Agreement to BUPA Home Healthcare Ltd. The Framework Agreement was for an extendable period of two years and was for a compounding, dispensing and delivery service of Trastuzumab, with a nursing ......

Helen Given v. James Watt College [2006] CSOH 189

The pursuer had an accident at work on 30 May 2003 when a drinks dispensing machine, from which she obtained hot water for pots of tea or coffee, malfunctioned, and fell heavily to the floor, sustaining severe injuries to her right hip and right wrist. The pursuer claimed damages from the defenders......

Henry Wyse Rodger (AP) v. C & J Contracts Limited

The parties are severely at odds regarding (a) the nature of the work which the pursuer was doing at the time of his accident; and (b) the veracity of his claim to have been an employee of the defender company. As more fully discussed below the defenders maintain that at that time of the accident a......

Her Majesty's Advocate v. Munro and Sons (Highland) Limited [2009] HCJAC 10

Crown Appeal Against Sentence:- On 11 April 2008 the respondents pled guilty at a continued preliminary hearing at the High Court of Justiciary at Edinburgh of a contravention of section 3(1) and section 33(1)(a) of the Health and Safety at Work etc Act 1974 which related to a road traffic accide......

HMA v Discovery Homes (Scotland) Ltd & Richard Pratt

Construction company and director fined over fatal accident: At Dundee Sheriff Court on 8 June 2009, Richard Pratt, a Director of Discovery Homes (Scotland) Ltd, pled guilty to a breach of sections 2(1) & 37 the Health & Safety at Work etc Act 1974. The conviction is only the sec......

HMA v E Nicholson & Sons (Metals) Limited

Demolition company fined over fatal accident At Glasgow Sheriff Court on 16 February 2010, E. Nicholson & Sons (Metals) Limited pled guilty to a breach of section 3(1) of the Health & Safety at Work etc Act 1974. ......

HMA v Hamilton Farmers (East Lothian)

At Haddington Sheriff Court on 26 April 2010, the firm of Hamilton Farmers (East Lothian), pled guilty to a breach of section 2(1) of the Health & Safety at Work etc Act 1974. ......

HMA v Sean Medeiros ? Causing death by careless driving

A Sheriff has imposed a community service order on a man whose careless driving caused the death of a pensioner at a bus stop in Glenrothes. Sean Medeiros lost control of his council van when his hand became trapped in the steering wheel after he instinctively tried to grab a set of keys that had ......

Hugh Cameron & Alice Mary Steuart Cameron v. Hughes Dowdall [2008] CSOH NUMBER151

Debate:- In this action, the pursuers sought damages in respect of alleged professional negligence by the defenders, a firm of solicitors, whom, it is claimed, negligently omitted to incorporate certain terms into a sale and purchase agreement and a related contract of service. The contract givin......

Hunting Oilfield Services (UK) Limited v. Precision Powertrain (UK) Limited

Issue is whether and to what extent the third party was liable to contribute to the damages to which the defenders were liable to pay to the pursuer. Reference is made to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 Section 3(2) in that there are two questions to be addressed: firs......

Ian Hamilton QC v The Royal Bank of Scotland Group PLC - Oban Sheriff Court, 26 February 2009

The Pursuer raised a small claim action against the Defenders based on the Defenders' alleged negligence. The Pursuer claimed payment of a sum he had invested in shares in the Defenders following a rights issue. The Defenders lodged an incidental application for a direction to have the action tre......

Ian McCalman Rankin (A.P.) v. John Jack t/a Lochill Equestrian Centre [2008] CSOH 167

Proof:- On 27 September 2005 the pursuer, an employee of the defender, sustained serious injuries when he fell under and was run over by the wheels of a tractor. In this action the pursuer sought damages from the defenders in respect of that accident. The circumstances of the accident were that t......

ICL Tech Ltd & Ors v Johnston Oils Ltd [2013] CSOH 159 - 25/09/13

The pursuers, owners of a gas pipe that leaked and caused an explosion at Grovepark Mills in 2004 resulting in the death of nine people and serious injury to forty-five, sought contribution towards damages from the defender, the industrial gas supplier, under s. 3(2), Law Reform (Miscellaneous Prov......

Inquiry into the circumstances of the death of Mr Thomas James Strain [2010] FAI 43

The Sheriff found in terms of section 6(1) of the Fatal Accidents and Sudden Death Inquiry (Scotland) Act 1976, that Mr Thomas James Strain died between 13:00 and about 16:30 hours on 23 November 2008 at HMP Bowhouse, Kilmarnock. The Sheriff determined that the cause of death was hanging. Having ......

Inquiry into the Death of Daniel Christian Barclay

Daniel Barclay born 5 June 1985 died at Stirling Royal Infirmary, Livilands Gate, Stirling on 17 May 2005 after hanging himself by the neck within cell B3, Crammond Block, HM Young Offenders' Institution, Polmont on 4 May 2005. ......

Inquiry into the Death of Mrs Margaret Graham

Mrs Margaret Graham, born 14 January 1934, died at Raigmore Hospital, Inverness on 17 February 2005. The principal cause of her death was Wegener's Granulo ......

Inquiry into the Fatal Accidents and Inquiry (Scotland) Act 1976 into the Sudden Death of Carmella Kerr

Carmella Kerr, date of birth 30th August 1922, died at the Ayr Hospital, Ayr on the 3rd of February 2004 at 14:35 hours.T he causes of death were (1) Large bowel obstruction (2) Sigmoid Colon Stenosis and (3) Diverticular Disease and II Ischaemic Heart Disease. Due to the death occurring in hospita......

Inquiry Under Fatal Accidents and Inquiry (SCOTLAND) Act 1976 into the Sudden Death of Derek Ian Crook

Derek Ian Crook died on 22nd December 2004 at HM Prison Castle Huntly, Longforgan being in legal custody having been imprisoned by the High Court of Justiciary on 22nd February 2001 for a period of 10 years.Crook hanged himself by a edsheet. ......

Inquiry under Fatal Accidents and Inquiry (Scotland) Act 1976 into the sudden death of Martin Gordon Blackley

Inquiry into the death of Martin Blackley. Mr Blackley was employed with the British Army as a Royal Marine but was on sick leave having sustained a leg injury. Whilst on sick leave, he took up diving and dived for scallops as a freelance diver. His experience of diving was limited. He had no profe......

Inquiry under the Fatal Accident and Inquiries (Scotland) Act 1976 into the sudden death of Ian James Mackenzie

In terms of Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976, section 6(1)(a) into the death of Ian James Mackenzie who, after an accident at the premises occupied by Weldex (International) Offshore Ltd, Inverness, on 19th April 2006 at ......

Inquiry under the Fatal Accident and Inquiries (Scotland) Act 1976 into the sudden death of James Hutchison

In terms of section 6 of the ......

Inquiry under the Fatal Accident and Inquiry Act into the Sudden Death of Jordan McLaughlin

This inquiry was held in terms of section 1(1)(a)(ii) of the ......

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