What appear to be time limited offers can still constitute Part 36 offers Part 36 did not expressly exclude time limited offers however to constitute a Part 36 and have effect in terms of its costs consequences after trial, the offer had to be available for acceptance prior to trial. Therefore a......

The Claimant's mother had been admitted to hospital for the induction of labour to start the delivery of the Claimant. The midwife gave a dose of Prostin to stimulate natural contractions but administered a second dose seven and a half hours later. The Claimant's mother experienced substant......

Loss of Limitation Defence Not a Head of Prejudice under Section 33 of the Limitation Act. The Court of Appeal held that the loss of a limitation defence was not to be regarded as a head of prejudice to the Defendant when the Court was exercising its discretion to disapply the time limit for th......

Jockeys held not liable to a fellow rider, when they crossed in front of him in a race and even though they had been found to be guilty of careless riding at a steward's enquiry. The riders' error could not be characterised as anything more than an error of judgment, an oversight or a lapse of whi......

Relief from sanctions was granted where earlier notification would not have altered the defendant's position as regards any potential settlement. Failure to notify in time had no serious or significant adverse effect. ......

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 His licence was revoked by the second appellant, the Deputy Traffic Commissioner (DTC), in October 2010.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 ......

Costs and Human Rights: The scheme allowing success fees to be recovered from the losing party to an action for defamation was compatible withArt.10 of the European Convention on Human Rights 1950, therefore a defendant could not argue that the threat of liability to pay a large sum by way of costs......

A court could not set aside an order striking out a claim in professional negligence against a solicitors' firm where the claimant had failed to address the serious difficulties in his claim and demonstrate that he had a reasonable prospect of success at trial. ......

The failure by nurses to summon a doctor despite drastic falls in the heart and respiratory rates of an infant had on the balance of probabilities materially contributed to the cerebral atrophy subsequently suffered. ......

Eder J held that the defendant surveyors had given negligent advice as to the value and commercial prospects of a factory outlet shopping centre development. Eder J found, inter alia, that the defendant surveyors did not have either the expertise or experience to competently advise as to the develo......

A case concerning the allegedly negligent valuation of a factory outlet centre and the question of what, if any, damages, had been proved to flow from such negligence. Held: It is open to a judge in approaching issues of quantum to identify a figure different to those selected by party appointed......

The claim arose out of the acquisition of a long leasehold interest in a Grade II* listed structure for £62,850,000 in the Chatham Historic Dockyard which was to be converted in to a factory outlet shopping centre. The Defendants had provided advice about the commercial prospects of the invest......

The valuation reports on a company prior to its acquisition were prepared to an appropriate standard. The expert evidence produced by the auditors was reasoned and exonerated them. The judge at first instance had not reasoned his rejection of that evidence which was preferable to that of the claima......

The port operator owed the owners of vessels a duty of care to inspect and regularly dredge its berths and intermittent inspections subject to other operational commitments were not sufficient to discharge that duty. ......

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......

Failure to Admit patient caused her Death. The Deceased, aged 20, complained of headaches in the mornings at a post-natal check six days after giving birth; she was nevertheless permitted to leave hospital. The next day she fell seriously ill and died at midday the following day. The Defendant ad......

Failure to Admit patient caused her Death. The Deceased, aged 20, complained of headaches in the mornings at a post-natal check six days after giving birth; she was nevertheless permitted to leave hospital. The next day she fell seriously ill and died at midday the following day. The Defendant ad......

Changes to Part 36 Resulted in a Change of Approach:The Court of Appeal held that the changes brought in by the Civil Procedure (Amendment No.3) Rules 2006 (replacing the system of payments into Court with formal offers to settle) had resulted in a change of approach. Under the new approach, a wide......

The Court of Appeal gave guidance on the procedure to be followed where a defendant in a low-velocity road traffic claim sought to adduce his own expert evidence on causation. ......

The test under the Limitation Act 1980 s.14(2) to determine when a person would reasonably have considered an injury to be sufficiently serious to justify his instituting proceedings for damages was an objective one. That a person was inhibited by the injury itself from instituting proceedings was ......