Reparation - Debate:- In this action the pursuer sought damages for injuries sustained by her son who was born in October 1999. It was averred that the obstetrician in charge of her antenatal care failed at an early stage to take the proper course namley that on three distinct occasions resort sh......

Proof:- In this personal injury action the pursuer sought reparation, as the mother and guardian of her son, Sam Montgomery, from the defenders following complications at the birth of her son on 1 October 1999. Quantum was agreed at £5.25million pounds and the only issue at proof was liability......

Action involving fracture of pipe under ground in an area which was being cleared for a carpark. Damages agreed in a joint minute. The pursuers' second plea in law stated that there had been a failure to take reasonable care on the part of the defenders. The defenders had little experience of prope......

Anis Waiz, solicitor at Curtis Law Solicitors, continues his critical review of current case law. In this case, the court considered a novel issue regarding interest and the court's power to depart from approved costs budgets. This decision followed two judgments dealing with issues of liabilit......

Issue-based Costs Order. Where a guarantor had succeeded in setting aside a guarantee given to a bank but had fought the case on numerous distinct bases on which he had lost, one of which was an improper allegation of fraud, a judge had been entitled to depart from the normal rule that the unsucc......

In a lender's claim against valuers who had fraudulently overstated the value of the property and against solicitors who had acted on the lender's behalf in respect of the security for the loans, the solicitors compromised their claim. The solicitors were entitled in their contribution claim ag......

Proof:- In this action the pursuer sought damages from the defender, from whom he and his partner rented a property from, after a glass panelled door there swung on to his hand as he entered the living room causing him to be injured. The pursuer based his claim on a breach of the condition implie......

Appeal against an order for costs where the claimant had discontinued proceedings on the ground that the defendant's failure to respond to pre-action correspondence justified departing from the default rule in CPR 38.6(1). Held: The example of disapplying CPR 38.6(1) where there is non-compl......

A master had erred in allowing the claimants to substitute a new defendant outside of the limitation period because the substitution was unnecessary for the determination of the original flawed action. The claimants were injured in a road traffic accident in which the driver of their vehicle die......

In proceedings brought against the adviser from the Citizens Advice Bureau who had assisted him in employment proceedings, the Claimant was granted permission for a second appeal to in respect of the strike out of his claim for abuse of process. Although the Employment Appeal Court had considered w......

Appeal against a finding that, in the absence of an express provision in the Insolvency Rules 1986, the court had no jurisdiction to order payment of solicitors' fees for work done in an unsuccessful opposition to a winding up petition as an expense in a company's subsequent out of court ad......

A former soldier who was suffering from PTSD was awarded general damages on the basis that if he had been referred for treatment when his psychiatric problems first began he would probably have been able to live a stable domestic and social life; to function sufficiently well to remain in the army,......

In the context of amending service contracts, solicitors were instructed on behalf of the remuneration committee by one of the directors whose service contract was among those being amended to include a bonus provision in the event of a successful refinancing of the company. The company then allege......

Where a firm of solicitors was instructed by an executive director to draft a new service contract with his company, the solicitors' duty of care to the company required the solicitors to ensure that the finished draft was accompanied by a written explanation to the company in user-friendly lan......

In making an award of damages for personal injury following a road traffic accident the judge had been entitled to find on the evidence that the claimant's post concussional syndrome would ameliorate over time and that the claimant had failed to prove that he was suffering from a rare form of doubl......

The Claimant had sued the Defendant betting company for psychiatric harm after she had been working as a cashier in a betting shop which had been robbed at gunpoint. Her claim was brought in negligence and for breach of the Workplace (Health, Safety and Welfare) Regulations 1992 and the Management......

Parties and Background: The pursuer was a businessman who owned several firearms which he stored at his home near Beauly. The defender was the Chief Constable of Northern Constabulary. The defender had revoked the pursuer's firearms certificates under s.30 of the Firearms Act 1968 following a......

The Court of Appeal held that a judge who had proceeded to dismiss a claim at a Case Management Directions hearing had wrongly exercised his discretion as to his case management powers. ......

A discontinuing claimant failed to rebut the presumption under CPR, r.38.6 that it should be liable for the defendant's costs. The Applicant (A) brought proceedings against the Respondent (R) for defamation in relation to a letter which questioned one of A's veterinary products. Followin......

This is an Outer House case in which Northern Rock sought damages from the solicitor of one of its customers. Headway Caledonian Ltd borrowed sums to finance the purchase of a Business Park in Hamilton. In return it granted a standard security in favour of Northern Rock. Some years later, Headway&#......

In a case where it had been found that the successful party had been dishonest, the fact that the paying party had not sought an order from the judge reflecting that misconduct did not preclude the paying party, when it came to the assessment of costs, from referring to the finding of dishonesty w......

A judge had been correct to rule that a claim issued in 2004, by a claimant who had suffered the symptoms of hand and arm vibration syndrome since 1992, was time barred as the claimant had actual knowledge of the disease in 2003 and constructive knowledge from at least 1997 and probably from 1992. ......

A judge had been correct to rule that a claim issued in 2004, by a claimant who had suffered the symptoms of hand and arm vibration syndrome since 1992, was time barred as the claimant had actual knowledge of the disease in 2003 and constructive knowledge from at least 1997 and probably from 1992. ......