Personal Injury Evidence

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. ......

Requiring notice from a party that intended to place reliance on hearsay evidence within an agreed court bundle was undesirable.The court held that in essentially straightforward litigation, where a party intended to place reliance on hearsay evidence, the best option might be to ensure that an opp......

In April 2004, the pursuer purchased a bicycle from the defenders by mail order. On or about 9 April 2004, the Pursuer was out cycling alone on the bike when he was involved in an accident. On or around the following, the pursuer and his father took the bike to North Ayrshire Cycles to be inspected......

Applications for Pre-action Disclosure. The court declined to order pre-action disclosure where one of the necessary conditions under CPR r.31.16, namely, that the respondent would have been under a duty to disclose the classes of documents sought by way of standard disclosure had proceedings begun......

There was no principle or practice that the court could not summarily dismiss a claim where there was untested paper evidence supporting it. ......

The pursuers were a retailing company whose business premises were flooded in 2001 when a mains water connection failed. According to the pursuers, that failure and the resulting loss and damage were caused by breach of contract on the part of the defenders who had carried out shop-fitting works,an......

Evidence (proceedings in Other Jurisdictions) Act 1975. An order under the Evidence (Proceedings in Other Jurisdictions) Act 1975 for oral examination of a non-party to proceedings in the United States of America was set aside where the letter of request seeking the order was couched in such wide ......

Under CPR Part 35 there were circumstances in which a party dissatisfied with an amended opinion from their expert after the experts' discussion could obtain permission to rely on evidence adduced from an additional expert. ......

There was no contract, and it was not necessary to imply one, under which an orthopaedic surgeon owed a duty to a football club to advise the club in respect of his treatment of one its players and about its financial affairs, and the surgeon owed no duty of care in tort in respect of any foreseeab......