Stress at Work. An employer was in breach of its duty to its employee to take reasonable care to avoid injuring her health where it had become aware that her difficulties at work were having an adverse effect on her mental health, but had taken no steps to help her. ......

Solicitors representing the purchaser of a yacht under the Mediterranean Yacht Brokers Association memorandum of agreement had not been negligent in failing to obtain a personal guarantee of the yacht's condition from the seller's beneficial owner. ......

Construction company and director fined over fatal accident: At Dundee Sheriff Court on 8 June 2009, Richard Pratt, a Director of Discovery Homes (Scotland) Ltd, pled guilty to a breach of sections 2(1) & 37 the Health & Safety at Work etc Act 1974. The conviction is only the sec......

Demolition company fined over fatal accident At Glasgow Sheriff Court on 16 February 2010, E. Nicholson & Sons (Metals) Limited pled guilty to a breach of section 3(1) of the Health & Safety at Work etc Act 1974. ......

At Haddington Sheriff Court on 26 April 2010, the firm of Hamilton Farmers (East Lothian), pled guilty to a breach of section 2(1) of the Health & Safety at Work etc Act 1974. ......

A Sheriff has imposed a community service order on a man whose careless driving caused the death of a pensioner at a bus stop in Glenrothes. Sean Medeiros lost control of his council van when his hand became trapped in the steering wheel after he instinctively tried to grab a set of keys that had ......

It was inappropriate to pursue different firms of solicitors under a Group Litigation Order when the issues arising against each firm were patently different. ......

The court granted an application to strike out the professional negligence claim as the claimant had failed to comply with various directions, particularly in light of the of the overriding objective pursuant to CPR rule 1.1(2)(f), which highlights the importance of enforcing compliance with the ru......

Where a solicitors' firm had breached its retainer in two minor respects, it was entitled to recover its fees for services undertaken in connection with her matrimonial affairs because those breaches had not caused the client to suffer any loss. ......

Michael Harvey QC (sitting as a Deputy High Court Judge) allowed the claimant solicitors' firm's claim for a sum of money in respect of outstanding fees for legal services provided to its former client, the defendant. The defendant had brought a counterclaim for damages for alleged professional neg......

Doctor not liable where Patient did not present usual symptoms. The respondent general practitioner admitted a breach of duty in failing to ensure that the appellant was spoken to by a doctor earlier on the day in which she suffered a fall in the shower. The trial judge had found as a fact that t......

The doctor was not liable for failing to diagnose a subarachnoid haemorrhage because the key symptoms were not present. Although the doctor had failed to ask the patient the relevant questions there was insufficient evidence to show that had he asked that the answers would have been such as to requ......

On the evidence, a general practitioner was not liable in negligence to the claimant for failing to diagnose a sub-arachnoid haemorrhage and refer her to hospital as she had presented with unusual symptoms. Even if there had been negligence, it was likely that the claimant would have suffered a str......

Psychiatric Injury. Duty to take reasonable steps to minimize risk of psychiatric harm. Where the Home Office knew or ought to have known that a remand prisoner was vulnerable to psychiatric harm the duty of care that was owed to that prisoner by the Home Office included a duty to take reasonable......

Negligence & Apportionment: Driver injuring child pedestrian: A driver, whose vehicle struck and injured a child pedestrian, had been negligent in not seeing the child on the kerb and/or crossing the road, and/or by not slowing down, and/or by not sounding his horn. However, on the facts, the child......

Claimant Failed to Establish that Employer Should Have Provided Armoured Vehicle in Iraq:Christopher Clarke J. held that the Claimant, a civilian contractor working in Basra, had failed to establish that the level of risk from improvised explosive devices was such that his employer or the Army shou......

In the circumstances, there were no factors which justified a departure from the normal expectation, set out in Chrulew v Borm-Reid & Co 1 All ER 953 and preserved by the CPR r.47.18(1), that the party whose bill was being taxed was entitled to his costs of the taxation. ......

When dispensing a prescription, a pharmacist was required to consider whether the medication prescribed was suitable for the patient; where there had been a change to the strength or dose of the patient's medication, the question to be asked was whether the prescription really represented what the ......

Causation: In proceedings arising out of a mistakenly high strength of a prescription drug, the dispensing pharmacist should have been put on notice of the significant increase in the dosage from the pharmacy's own records and should have checked with the prescribing doctor. However that breach of ......

Where a claimant in a personal injury action had initially issued proceedings before the time limit had expired and had brought a second action in respect of the same injuries after expiry, the court could use its discretion under the Limitation Act 1980 s.33 to dis-apply the three-year time limit.......

A successful Iranian businessman sought damages from his former accountants following a failure to advise him about his non-domicile status and the possibility of tax efficient means of dealing with the sale of a business by way of a bearer warrant scheme thereby avoiding the substantial capital ga......

In this case the court had to determine the effect of a Part 36 payment covering the whole matter where there had been a trial on a preliminary issue. The court found that the provisions of Part 36 encouraged an approach whereby the question of costs would be adjourned until all the issues in the c......

A surveyor employed by the Bank instructed to carry out a visual inspection only was not negligent in failing to recommend a structural engineer's report in circumstances where had had no suspicion that there were hidden defects. It was unrealistic to suggest a valuer recommend a full structura......

Debate:- In this action, the pursuers sought damages in respect of alleged professional negligence by the defenders, a firm of solicitors, whom, it is claimed, negligently omitted to incorporate certain terms into a sale and purchase agreement and a related contract of service. The contract givin......