Procedure Roll: Relevancy and specification of an action for damages for personal injuries sustained when a self-employed fitness instructer fell whilst taking a fitness class. The pursuer averred that she ordinaraly used a gymnasium to take her class. On the occasion, the usual gymnasium was booke......

Reparation - Motion for Issues:- In this action the pursuer sought damages as reparation for personal injury she sustained in a road traffic accident on 30 July 2004. Liability was admitted by the defenders and the only issue was the quantification of damages. Here the pursuer enrolled a motion t......

Appeals against orders for disclosure of funding arrangements of unsuccessful personal injury claimants raising the issue of the appropriate circumstances for making a third party costs order against instructed solicitors. Disclosure was sought to determine whether a costs order application was jus......

The power under the Damages Act 1996 s.2(9) to depart from the default position under s.2(8) of making a periodical payments order subject to the retail prices index could be exercised as the court considered appropriate and fair in all the circumstances, without the need to find exceptional circum......

A dermatologist was not liable for the death of a patient who had been referred for facial lesions and had subsequently dies as a result of a mole on the back of his neck metastasing to other parts of his body. Although the dermatologist had examined the neck and saw the mole its appearance was ben......

Footpath Had Been Adopted by Highway Authority:The Court of Appeal held that notwithstanding that a distinctive footpath had never been constructed, the relevant paved area (upon which the Claimant had tripped) had nevertheless been adopted by the Defendant pursuant to an agreement under s.38 of th......

Appointment of Litigation Friend. A judge had erred in requiring the trial of a preliminary issue as to whether the facts justified the appointment of a litigation friend for the appellant, as the application to appoint a litigation friend was a bona fide one supported by the evidence. ......

Default judgment was not, in any circumstances, a judgment on the merits. The provisions in r. 12.4(2) and r. 12.10 requiring a Part 23 application were triggered not by anything connected to the legal foundation for the cause of action but by aspects either of the relief sought or of the manner in......

Appellant solicitors successfully appealed against a decision refusing to strike out a claim brought against them by a former client the cause of action which had accrued in January 2004. The motive for a party breaching a contract is not a relevant ingredient to the cause of action the ignorance o......

Judgment on costs in a multiple party and causes action concerning royalties arising from the play 'Spamalot'. Held, inter alia: Even in a case of modest factual or legal complexity, a broad brush approach is appropriate to a determination of costs, which must be within proportionate and......

Enforceability of Conditional Fee Agreement. A conditional fee agreement was unenforceable where it had various deficiencies that were significant enough to prevent substantial compliance with the Conditional Fee Agreements Regulations 2000. The agreement in question had not been drawn up by a l......

Apportionment of costs liability. In circumstances where costs had been incurred for two purposes, they had to be apportioned broadly between each of the purposes. ......

Biggart Baillie LLP (vicariously liable for the wrongful acts and omissions of its partner) was liable in damages to the victims of their client's deceit. In essence, the firm acted for their client, John McGregor Cameron (JMC), in security transactions in which JMC pretended to be a wealthy la......

Personal Injury: Contravention of Section 2 of the Road Traffic Act 1998: Miss Smart suffered a serious head injury as a result of being hit by a car driven by the defender. Prior to the proof the defenders admitted liability and the parties agreed that the degree of contributory negligence would b......

No deduction from assessed damages to reflect possible future local authority care and direct payments. It was unnecessary and in any event impossible for the court to undertake the exercise of estimating what a claimant in a personal injury action might receive from a local authority by way of fi......

Claims struck out as bound to fail on grounds of causation and remoteness:Claims by police officers for psychiatric injuries allegedly suffered as a result of a fatal shooting, which they had not witnessed, and which had led to criminal and disciplinary proceedings against them that had led to stre......

The solicitors were entitled to terminate the retainer following allegations of bullying by one solicitor at the practice despite having continued to represent the client at a case management conference following the allegations being made. The nature of the complaint was not such as to require the......

Joined actions arising from the same incident in which the pursuers, firefighter French and trainee firefighter Dempsie, claimed damages against their employers, the Strathclyde Fire Board, on the basis of breaches of a common law duty of care, the Personal Protective Equipment at Work Regulations ......