Items starting with W

Protective costs orders. A petitioner who sought a declaration that her same sex marriage was a valid marriage in the United Kingdom was refused a protective costs order in respect of the costs of the Lord Chancellor as intervener, as the proceedings did not raise issues of general public import......

The pursuer claimed that he suffered loss, injury and damage as a result of an accident at work where a man, Mr McShane, died. It was averred that when the pursuer was moving his trailer he heard a loud noise and then a scream. He stopped his lorry immediately, but employees of the defenders shoute......

The pursuer claimed that he suffered loss, injury and damage as a result of an accident at work where a man, Mr McShane, died. It was averred that when the pursuer was moving his trailer he heard a loud noise and then a scream. He stopped his lorry immediately, but employees of the defenders shoute......

Proof:- In this action for damages the pursuer claimed that in February 2005, whilst employed by the defenders, the pursuer, in the course of his employment, was carrying cans of paint when he caught his foot which caused him to fall onto his left knee resulting in his injury. The action was base......

This is an Outer House case in which William Campbell sued his employer (Peter Gordon Joiners Limited), the sole director of his employer (Peter Gordon) and the liquidator of his employer after suffering injury in an accident involving a circular saw whilst at work. The employers' liability insuran......

Reparation - Proof:- The pursuer, a 66 year old man, worked on and off as a fitter between 1956 and 1974 in the shipyards at Renfrew. At various times during his periods of employement in the shipyards the pursuer was employed by the seven defenders. During his employment with them, the pursuer e......

The court was required to determine costs following settlement between the Claimant and the Defendants. Following a determination by the American courts, the Claimant sought payment of money. The Claimant demanded payment within four days. The Defendants initially disputed that it owed any monies b......

Personal Injury: The matter came before the sheriff as a result of a pursuer's motion to be allowed to amend the Record in terms of a Minute of Amendment. The defenders did not oppose items 1 and 2 of the Minute of Amendment but opposed the rest based on the argument that the new matter was being i......

A private individual, William Walton, brought this reclaiming action against a decision of the Outer House of the Court of Sessions from August 2011. The Outer House had refused an application for statutory appeal under the Roads (Scotland) Act 1984 (RSA) against the Scottish Ministers in relation ......

The court made general observations about costs capping orders, but concluded that it was for the Civil Procedure Rule Committee to decide whether to take up the issues that had been raised, in particular in relation to the difference of judicial opinion as to when and in what circumstances costs ......

Local Authority Liable To Claimant Exposed to Asbestos as Schoolchild : Nicol J held that a Claimant who had contracted mesothelioma had been negligently exposed to asbestos dust from ceiling tiles, as disturbed during works and vandalism, in the Defendant's secondary school whilst she was a pupil......

The Court of Appeal held that whilst there had been insufficient evidence before the Judge to support the second of three sources of exposure to asbestos found by the Judge, the Judge had been entitled to find a more than de minimis exposure to asbestos from the other two sources. Accordingly, it w......

Finding of Conscious Exaggeration:Whilst the trial judge had held that there was conscious exaggeration by the Claimant, this in itself was not determinative of whether the accident had caused the Claimant's symptoms for longer than three months, or whether it had led to his discharge from the forc......

Expert Evidence: In a claim for personal injury after a road traffic accident, where the case turned on whose expert evidence was to be preferred, the judge had made no error in his preference of the defendant's expert evidence. ......

Where the claimant had been successful in his claim but had failed on one particular issue relating to causation it was appropriate to order a percentage reduction in costs rather than to make an issue-based costs order. The claimant was injured when he landed at the bottom of a fireman's po......

The professional conduct rules governing solicitors may well not create a private law right actionable at the suit of a client. ......

Judgment determining costs of an application for directions and powers of a receiver appointed by the court. Held: Where a court appointed receiver initiates proceedings against a third party the general rule that costs follow the event applies. Such a receiver is indemnified out of the assets o......

D, a coach driver, had stopped at a T-junction, intending to turn right into a single carriageway A-road. To her left there was a queue of stationary traffic. To her right there was a tractor which had left a gap enabling D to pull out and turn right. C, a motorcyclist, was overtaking the queue to ......

Do schools owe non-delegable duties to pupils?Judgment of the Court of Appeal in Woodland (by her father and litigation friend Ian Woodland) v Essex County Council [2012] EWCA Civ 239 on 9 March 2012. In that case a school pupil was injured in a swimming lesson during the course of the school day. ......

By way of determination of a preliminary issue, Langstaff J rejected the Claimant pupil's claim that the Defendant local education authority (which ran her school) owed her a non-delegable duty of care. Accordingly, Langstaff J held that the school was not liable for the alleged negligence of a lif......