Personal Injury Procedure

The Pursuer raised a small claim action against the Defenders based on the Defenders' alleged negligence. The Pursuer claimed payment of a sum he had invested in shares in the Defenders following a rights issue. The Defenders lodged an incidental application for a direction to have the action tre......

It was the normal rule, and desirable practice, that all outstanding issues between the parties should, where possible, be resolved at a single hearing and the principle of the public interest in the finality of litigation remained crucial. Further, a judge should not be tempted to invent rules to ......

Recall of decree:- At a pre-proof hearing, decree by default was granted against the defender in an action for payment of a capital sum, sought by the pursuer under section 28 of the Family Law (Scotland) Act 2006. The defender failed to appear at diet, and the Sheriff granted decree as craved, in ......

The assumption that a person who had suffered a significant injury would be sufficiently curious to seek expert advice applied unless there were reasons why a reasonable person would not have done so. The claimant appealed against a decision that his claim in respect of noise induced hearing los......

This action was an appeal against an interlocutor of the Sheriff Principal at Glasgow upholding a decision of the Sheriff, who had excluded certain averments of the pursuer and the appellant, and had excluded certain craves against the first and second defender. The appellant had alleged that on 6......

Floyd J held that the operation of the slip rule pursuant to CPR r. 40.12 was limited to the correction of accidental slips or omissions in orders. Floyd J thus held that that the deliberate inclusion of a matter by a party within an order drawn up and sealed by the court was not an accidental slip......

The Pursuer/Appellant raised an action at Ayr sheriff Court claiming damages for both breach of copyright and for breach of the Defender/Respondent's statutory duty under the Copyright, Designs and Patents Act 1988 to identify the Pursuer as the owner of photographs that the Defender had publi......

In this action, the pursuer sought payment by the defender for certain sums averred to have been paid by tenants of a property known as “Corshellach”, which were paid to the defender and retained by her. The basis upon which the rental payments were sought by the pursuer was that the de......

In this action for damages for failure to implement missives, the defender had failed to attend court and find caution, leading to decree being granted in favour of the pursuer. The defender appealed to the Sheriff Principal, and subsequently the Court of Session, arguing that a stateable defence i......

In an action for damages for personal injuries, where liability was admitted but there was a dispute over quantum, a Tender had been lodged and accepted. The Pursuer made a motion to have two witnesses, a consultant orthopaedic surgeon and a vocational employment consultant, certified as skilled wi......

In a claim for professional negligence, the court permitted a late amendment of Particulars of Claim to add a differently pleaded case at the start of trial and an adjournment after it became apparent to the judge that the case that the Claimants were adducing was different to that set out in their......

The trial judge had not erred in implicitly accepting a witness' evidence as truthful despite not clearly expressing his reasoning and consequent findings.A local authority appealed against a decision that it had breached its duty of care owed to the Claimant when she had fallen crossing a grass ve......

Where Counsel was concerned that evidence was being adduced that was a departure from a pleaded case, it was incumbent upon him to invite the trial judge to rule on that objection and insist on the ruling. It was therefore too late to raise the point on appeal.The appellant employee appealed agains......

In July 2005, two sons of the pursuer were walking along a pavement towards an ice-cream van, when one fell into the road and was trapped under the nearside rear wheel of the defender's vehicle. He sustained numerous serious injuries, including a fractured jaw, the loss of two front teeth, and frac......

The applicant applied for the committal of the respondent for contempt of court on the basis that he had advanced a dishonest claim for which he had been awarded damages for personal injury following an RTA. After the claim was settled documents were discovered which suggested that the Claimant had......

In this action, the pursuers sought implementation of missives, which the parties had entered into in 2008, for the purchase of subjects at Dens Road Market, Dundee. The pursuers sought payment of the purchase price from the defenders, totalling the sum of £1,550,000. The defenders denied thei......

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......

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. ......

Smith J held that without prejudice exchanges between parties that preceded the conclusion of a settlement agreement should be admissible not only to identify the terms of the settlement agreement but also as to the meaning of those terms. There was no cogent reason of public policy or otherwise fo......

The Pursuers raised an action for payment of a sum that the Defenders had withheld in respect of invoices rendered for work done under a contract between the parties. The Defenders were a Dutch company registered in The Haig with a place of business in the Republic of Kazakhstan. The Defenders clai......

The House of Lords held that the normal rule, that statements made in negotiations between parties to litigation with a view to settling it were inadmissible, applied even where it was invoked in relation to negotiations in earlier proceedings between the same parties. The House was not intending t......

A second action making claims similar to those made in an earlier action was an abuse of process where the first action had ultimately been struck out on the merits.It was held that the particulars of claim mirrored those of the first action, so were an abuse of process unless there was proper just......

Failure of the court to deal adequately with expert evidence when an expert comments on areas outside of his appointment.The Court held there would need to remit a claim for maintenance and repairs for a re-trial after a judge had failed to adequately deal with an expert report which professed to d......

Petition for winding-up:- A director of UK Bankruptcy (UK) Ltd, a company subject to winding-up proceedings, lodged answers in defence of the petition, in order to forestall disqualification proceedings against him under the Company Directors Disqualification Act 1986. In 2009, the director sought......

It was inappropriate to determine as a preliminary issue whether an insurance company could rely on exclusions clauses in a personal accident insurance policy as to the deceased's state of mind at the time of a fatal car crash; to so would inhibit the trial judge in determining whether his acts had......