Items tagged with SCOTLAND

A number of employees of the defenders developed havs as a result of exposure to vibrating tools at work. Three separate cases. Although the cases were not conjoined there was agreement that evidence in one would be evidence in the others. Judgement details medical evidence liability and quantum. ......

Reclaiming Motion: Inner House: the pursuer reclaimed against the decision of the Lord Ordinary at proof absolving the defenders of liability under the Occupiers Liability (Scotland) Act 1960. The pursuer, a DHL delivery man, had slipped on a plank of wood when delivering a parcel to the defender&#......

Outer House case considering a claim for damages under the Occupiers Liability (Scotland) Act 1960. Mr Dawson worked as a self employed courier and was delivering a package to Ms Page's cottage. Building works were taking place at the cottage and the surroundings resembled a building site. A......

Recall of decree:- At a pre-proof hearing, decree by default was granted against the defender in an action for payment of a capital sum, sought by the pursuer under section 28 of the Family Law (Scotland) Act 2006. The defender failed to appear at diet, and the Sheriff granted decree as craved, in ......

Parties and Background: The pursuer was a 56 year old mail delivery driver employed by the defenders in Dundee. This was an action for damages for personal injuries sustained in the course of employment. The pursuer's duties included sorting mail into bags and pouches and loading these into ......

Parties and Background: The pursuer was a 56 year old mail delivery driver employed by the defenders in Dundee. This was an action for damages for personal injuries sustained in the course of employment. The pursuer's duties included sorting mail into bags and pouches and loading these into ......

Proof:- In this action the pursuer sought damages for losses said to have been sustained by him as a result of medical negligence following his admssion to hospital on 22 April 2002 following a complaint of abdominal pains. He underwent a number of operations at Crosshouse Hospital in Kilmarnock ......

Employee attacked in course of employment - duty of care - safe working system?:-On 23 June 2003 the pursuer's allocated jobs included the repair of a television in a private house at 36 Lochend Street, Easterhouse, Glasgow. Easterhouse was an area with which the pursuer was very familiar, and in w......

The pursuer made a motion for leave to lodge a late list of witnesses and a late inventory of productions. The motion was opposed due to (1) the imminence of the proof and (2) the likely prejudice to the defenders by the late introduction of such evidence. The court granted the motion and the case ......

The pursuer whilst working in the course of his employment injured his back whilst helping to lift a portable cement mixer on to the back of a lorry. He was off work for some weeks but eventually returned to work on 23 July 2001, his doctor having certified him as being fit only for light duties. W......

Reparation - In these two actions the pursuers, both fishermen, sought damages from the defenders for injuries they say they sustained following a collision between their vessel, "The Harvester" and a vessel belonging to the defenders "The Strilmoy". Both pursuers raised their claims under Chapte......

This was a motion by the pursuer to allow amendment of the closed record in an action of damages for personal injuries. The defenders opposed the pursuer's motion for leave to amend on the grounds that their ability to investigate had been materially hampered by the passage of time - the date of th......

Liability for motorcycle accident is not in dispute. Case involves consideration and application of Rule of Court 43.11 which provides:""The Court may ...ordain the defender to make an interim payment to the pursuer of such amount as it thinks fit not exceeding a reasonable proportion of the damage......

Note of Objections to auditor's report: the auditor abated £63.43 which had been charged by the pursuers as an outlay for "printing costs records". Pursuers agents claimed that they were bound to produce the record in terms of Rule of Court 43.6(4); that they could otherwise incur the cost......

Defenders submit that certain averments of loss about the cost of care made by the pursuer were irrelevant. Essentially the defenders submissions concern statements in condescendence 7 which suggest that at some time in the future the Pursuer may have to fund future care herself. The case concerns ......

Proof:- The pursuer underwent a hysterectomy in December 1994 and thereafter developed symptoms of incontinence, for which she received extensive medical treatment. On 26 August 1999 in the course of an operation she suffered serious blood loss, which ceased only after pelvic vessel embolisation ......

The pursuer is the mother of CK, born 11 May 1998, and sought reparation, as guardian for CK, from the defenders in respect of alleged negligence of anaesthetic and obstetric staff during the birth of CK, for which it was averred the defenders were liable as their employers. CK has cerebral palsy......

Outer House case concerning damage to an Indian restaurant in Glasgow following the demolition of the floors above by Glasgow City Council. The Council demolished the first, second and third floors of a tenement on North Street in Glasgow in the autumn of 1996 after serving notice (under s......

The pursuer sustained injuries in the early hours of 29 December 2006 when a car driven by the defender, in which the pursuer was a back seat passenger, struck a tree at Stewarton Road, Newton Mearns, Glasgow. At the time of the accident, the defender was 16, and was driving a car belonging to his ......

Reparation - Procedure Roll:- On 28 April 1999 the pursuer was injured following a road traffic accident after the rear tyres of the vehicle he was driving, a mini-coach, failed, causing the coach to lose control and overturn. The pursuer sought damages of £25,000 damages against the defende......

On 2 May 2008, the pursuer was driving her car westwards on the A90 dual carriageway near Glencarse, when she was rammed from behind by a vehicle driven by the defenders' insured. The pursuer was thrown forward and suffered various head injuries during the accident, for which she sought damages in ......

Third appeal against a decision of a National Health Service Tribunal to disqualify the appellant from inclusion in the respondents' list of medical practitioners and ophthalmic opticians, on the ground that the Tribunal were wrong to disqualify him unconditionally. The appellant submitted, int......

Assessment of damages following an accident at work. ......

Motion for expenses:- The Inner House considered a motion at the instance of the respondents, for expenses to be granted in the application for leave to appeal to the court a decision of the Employment Appeal Tribunal, made by the applicant, Kenneth McAlpine. On 12 February 2010, the Inner House ......

A firm, Kerr Stirling LLP, brought an appeal under s. 21, Legal Profession and Legal Aid (Scotland) Act 2007 against a decision of the Scottish Legal Complaints Commission (SLCC) to investigate a complaint against it on the grounds of time bar and procedural fairness. The conduct complained of was ......

Personal Injury - Motion for Issues:- On 28 July 2002 the pursuer took her 19 month old daughter, Beth, to Blair Drummond Safari Park which was owned and occupied by the defenders. The pursuer claimed that during the course of the visit her daughter's arm came into contact with animal faeces, whi......

The pursuer had been a sufferer for epilepsy and had been prescribed vigabatrin (the propriety name of which is Sabril) in 1989 to treat and manage his condition. In 1999, the pursuer attended his GP for a visual fields test, following his concerns about Sabril and its effect on vision after readin......