Reclaiming Motion:- In this action the respondent sought damages damages from the reclaimer on the ground that she suffered psychological damage as a result of sexual abuse alleged to have been perpetrated upon her by him between 1975 and 1997. The reclaimer was prosecuted on various charges of i......

In this post Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, continues his critical review of current case law. This case raised an interesting issue as to whether the "Bowerman" duty to report to client lenders matters relevant to the valuation of the property (......

Anis Waiz, solicitor and head of Commercial litigation at Curtis Law Solicitors, continues his critical review of current case law. In this case, the Court of Appeal considered two important points of law arising from a landlord and tenant dispute. First, the assessment of damages for trespass to p......

The appointment of solicitors to act for administrators of a company did not of itself create a duty of care to act owed to the company. Although administrators of a company were agents of the company the nature of their appointment did not give rise to all the usual obligations of an agent not ......

Debate:- In this action the pursuer, a prison officer, sought damages from the defenders, the employers of the pursuer, in respect of mental health consequences of an incident at work on 3 August 1997. On that date the pursuer had intervened in a fight between prisoners during the course of which......

Pursuer was prison officer and during the course of his employment he broke up a fight between two inmates. One of the inmates was an intravenous blood user and his blood had covered the pursuers shirt. Some of the blood went into the pursuers mouth and he swallowed it. He underwent tests for AIDS ......

Preliminary ruling concerning the meaning of 'not prohibitively expensive' judicial proceedings and the correct approach to making a costs assessment in disputes relating to environmental matters under the Aarhus Convention. Held: That judicial proceedings should not be 'prohibitivel......

Where a trust had paid the costs of a beneficiary's professional negligence claim, she was entitled to recover the costs from the other party under a settle agreement that included her 'costs' because she had become liable to pay the fees and the indemnity principle was not offended. ......

NHS Trust were in Breach of Manual Handling Regulations The Court of Appeal held that an NHS Trust was in breach of Regulation 4(1)(b)(ii) of the Manual Handling Operations Regulations 1992 for failing to take reasonably practicable steps to reduce the risk of injury to a nurse whilst engaged i......

In the circumstances a contractor's right to supervise the work of a sub-contractor so as to ensure that it was carried out safely imposed a duty of care on the contractor which extended to the safety of the sub-contractor's employees. ......

The pursuer had been an employee of the defenders when she was involved in an accident at work. She sued for her injuries, relying on Regulations 5(1), 12(1) and 12(3) of the Workplace (Health, Safety and Welfare) Regulations 2003. Quantum was agreed in this case; the only outstanding issues before......

Freezing Injunction and enforcement of Undertaking in damages. Where a freezing injunction had been discharged by consent, a court exercising its discretion as to whether to enforce the grantee's undertaking in damages had to determine whether the injunction had been wrongly granted or not, and h......

The pursuers' husband worked for Ayr County Council from 1948 to 1971. As part of his employment as a joiner on council housing projects he was exposed to asbestos, diagnosed with mesothelioma in 2007 and subsequently died of asbestosis. This is a personal injuries action brought against the succes......

Proof:- On 16 May 2004 the pursuer's brother, Sean Milligan, was injured in a road traffic accident in Carluke when the car he was driving collided with a stolen van being driven by the defender who was under the influence of alcohol. The defender was thereafter convicted of a number of road traffi......

On 20 October 2007, the pursuer sustained injury in an accident at work while employed by the defenders as a senior sales assistant at their retail premises at Parkhead Forge, Glasgow. The pursuer fell from a ladder while attempting to retrieve a box from a high shelf in the stockroom of the premis......

Reparation - Proof:- On 12 April 2005 the pursuer was travelling as a passenger on a single decker bus owned and operated by the defenders through the centre of Glasgow. At around 5.30p.m. a bus, also owned and operated by the defenders, collided with the back of the pursuer's stationary bus. As ......

Proof:- In this action for personal injury the pursuer sought damages from the defenders for injuries she sustained as a result of tripping in a hole on the east footpath of West Nile Street, Glasgow, near Bath Street, on 11 January 2006. The pursuer sought payment of £200,000. By interloc......

Proof:- This was an action for damages for reparation against the Advocate General for Scotland representing the Ministry of Defence and the Department of the Environment at the instance of the executors of the late George Smith Stuart who died in December 2007. The claim related to rights to dam......

The tribunal had been entitled to suspend a solicitor indefinitely where in the course of complaint proceedings he had made numerous allegations against the Law Society and the judiciary of corruption and perversion of the course of justice. ......

Personal Injury - Proof:- In this action the pursuers sought damages after the first pursuer was knocked down on Princess Street in Edinburgh on 19 October 2003. The pursuers had been out for dinner together on the Sunday evening in question when they crossed Princes Street at its junction with L......

The successful defendant sought twice the amount approved in a costs management order and covered by the claimants ATE insurance, raising the issues: of whether the defendant was entitled to costs on an indemnity basis; if so, the relevance of the existing costs management order; and if not, whethe......

Appeal against a rejection of a claimant's costs of a compromised judicial review. Held: Where a claimant in an administrative court case has been wholly successful, whether following a contested hearing or pursuant to a settlement, all costs are recoverable unless there is some good reason ......

Time-Bar/Personal Injury/Sections 17(2) and 19A, Prescription and Limitation (Scotland) Act 1973/Balance of Equities This case involved a simple application of the time-bar provisions contained in the Prescription and Limitation (Scotland) Act 1973. A preliminary proof on the issue of time-......

The Pursuer (aged 36 at Proof) was injured in March 2007 when the Defender's car collided with the bus on which she was travelling. The Defender admitted liability but quantum was disputed and a Summary Cause Proof took place, at which the only witness was the Pursuer. The terms of an expert m......

In 1999 Mr Emmanuel joined a surgery as a partner and general practitioner. In January 2004 he was included on the first respondent care trust's medical performers list. In June 2008, the trust was informed of allegations relating to Mr Emmanuel, namely that he had engaged in an improper relationsh......

Where costs had been summarily assessed on paper and one party was dissatisfied with the outcome, the proper approach was to appeal rather than apply for detailed assessment. The Applicant (A) lost the substantive action and was ordered to pay costs. The Respondent (R) had not provided sufficien......