Personal Injury Procedure

It was not appropriate to adjourn a trial date in the absence of good medical evidence. It was held that though illness could be a ground for an adjournment but there had to be a good evidential basis for so doing. However, the applicant's doctor had failed to conduct further investigations ......

An application to bring contempt proceedings against 7 individuals who it was claimed had given false information about car hire rates was granted.The evidence against the respondents was ostensibly strong. There appeared to be a basis for saying that the respondents in their individual cases had t......

Where an expert joint statement was made pursuant to CPR r.35.12 and was not privileged, it did not acquire without prejudice status because it was used in mediation. ......

Strength of Claim Did Not Weigh Into Decision on Pre-Action Disclosure Blair J. held that although there would be cases where the Court would conclude that there was no claim at all, let alone a claim with reasonable prospects of success, the present case was significantly complex that there ......

The pursuer and defender to this action were sister and brother, respectively. The defender had inherited a family croft at Kilmory, Acharacle in 1989, the land upon which the pursuer subsequently constructed a house for the use of her and her family. In this action, the pursuer claimed she was ent......

In a family action, the Defender withheld details of her current address. At proof, the Pursuer objected to the non disclosure. When the action was raised, the Defender had admitted the address in the instance in her defences. She later changed her address, but did not provided details of her up to......

Amending Particulars of Claim: The Claimant was permitted to make amendments to the particulars of claim where the amendments did not add new causes of action, but were founded on the same legal and factual basis as the existing claim and the amendments raised matters which were arguable at trial. ......

The Appellants/Defenders appealed against the Sheriff's decision to grant commission and diligence in terms of a Summary Application brought under Section 1(1) of the Administration of Justice (Scotland) Act 1972 (“the 1972 Act”) for recovery of documents held by or on behalf of the App......

The applicant insurer sought to have the Claimant's two daughters and husband of a Claimant committed. It was for the applicant to demonstrate beyond reasonable doubt that the statements and representations relied on were made, that they were false, that they were likely to interfere with the cours......

No error in judge's decision to refuse to admit new expert evidence where there had already been a joint experts' report: The Court accepted that a DJ had been correct in refusing the C permission to rely on a new expert report on the eve of trial and where a joint expert report had alre......

The pursuers (and appellants) were the Child Maintenance and Enforcement Agency. The defender (and respondent) had allegedly failed to make child maintenance payments to the pursuers under a Liability Order dated 21st May 2008. First Instance Proceedings: This was an appeal in a summary applic......

The Appellant submitted that the judge had failed to make findings about what a motorist failed to do or did which constituted a breach of duty after she was found negligent for pulling out from a minor road into a motorcyclist. It was held that the judge had directed herself correctly when she had......

A case management decision not to adjourn the determination of the appropriate measure of indexation for periodical payments due to the claimant for his future care pending the outcome of an appeal to the Court of Appeal in another case had been appropriate. ......

The pursuer sought damages of £550,000 from the from the Chief Constable of Strathclyde Police and from the Scottish Ministers, the latter being responsible for the acts and omissions of the Scottish Prison Service. It was averred that on 12 November 2007, while employed as a prison officer at......

A master was fully justified in not ordering a split trial where there was an overlap on the issues of liability and quantumIt was held that the master had in mind the nature of the accident and the need for one judge to look at the whole matter when determining there should not be a split trial in......

Outer House case relating to a personal guarantee granted by Mr Kipling to Dunbar Bank. The bank issued a charge for the payment of over £1m on Mr Kipling on the basis of the guarantee. Mr Kipling argued amongst other things that he was not liable to pay as the bank had agreed to waive i......

A judge had not erred in refusing to exercise his discretion under the Limitation Act 1980 to disapply the basic limitation period. It was held that the judge did not determine that the claims had no reasonable prospect of success. He recognised that the appellant's description of the condit......

The court commented on the factors for assessing the damages to be awarded for pain, suffering and loss of amenity for mesothelioma, and on the lower level figure for awards in the Judicial Studies Board Guidelines 10th Edition.The Court held that the assessment of damages in mesothelioma cases was......

The word "defendants" in CRP r. 25.7(2)(e)(ii) meant the Defendants against whom an order for an interim payment was sought. Therefore when a Claimant applied for an interim payment against a number of Defendants on the basis that one or another was liable and they were all insured, it was irreleva......

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......

The judge at first instance had appeared to have made an arithmetical error in determining the sum for which judgment should be given and the appeal was to that extent allowed. Permission to appeal on costs was refused as there was no realistic prospect of success on appeal. The Claimant complained......

It was held that the necessity of expert evidence in the instant case could not be determined without seeing an expert report. However, the expert's evidence would at least arguably assist the court and the necessity of that evidence would have to be determined at a later time. In the context of a ......

The pursuer sought damages for professional negligence arising out of the alleged mishandling of his unfair dismissal claim by his solicitor. At this debate, the defender submitted that the pursuer's action was incompetent, and was moreover irrelevant and lacking in specification. The defender subm......