Personal Injury Procedure

Ouseley J held that a judge had not erred in refusing to reconsider his decision not to grant a further adjournment of an appeal hearing against a revocation of a premises licence and the consequent dismissal of the appeal. The medical evidence relied upon in support of the adjournment application,......

Appeal of decision to adjourn appeal hearing: It was held that there was no basis on which an appeal could possibly succeed against a judge's order adjourning an appeal for a limited period to enable the appellant to be heard, but refusing an adjournment for a substantial period on medical grounds.......

Where a claimant had not given timely notice of her claim to the Motor Insurers' Bureau and the MIB was not prepared to overlook the fact, there was no objection in principle to the claimant discontinuing proceedings and commencing a fresh action in which a timely notice was given to the MIB. ......

First Defenders/Appellants appealed against the Sheriff's decision to allow a Proof before Answer following a debate.The Pursuers/Respondents had entered into a share purchase agreement ("the Agreement") for the sale of their business to the First Defenders/Appellants. The Agreement confirmed t......

It was held that a committal application alleging a false statement of truth was alleging a public as opposed to a private wrong and that there should be rigorous control of the conduct of such proceedings brought in the public interest. If the application were to be granted there was a high likeli......

Sheriff Court case concerning the competency of service of a calling up notice under the Conveyancing and Feudal Reform (Scotland) Act 1970. After having failed to find Mr Gallagher, Sheriff Officers instructed by Santander, purported to serve the notice on Mr Gallagher by putting it thro......

The applicant appealed against a DJ's decision not to allow him to withdraw an admission he had made that he was indebted to the respondent bank. At first instance the judge had ordered that unless he executed a charge over his flat, judgment would be entered against him for the admitted amount. Th......

The Claimant had been exposed to asbestos following employment with the Defendant and issued on the basis of diffuse pleural thickening. He had first developed chest pains in the mid 1980's and though pleural thickening was noted on some of his x-rays, it was not the suspected cause of his chest pa......

The Pursuers/Appellants raised an action for interdict. Interim interdict was granted pre service and a hearing was then assigned. Both the Pursuers and the Defender were represented at that hearing, at which the Sheriff continued the interim interdict previously granted. The Defender/Appellant t......

Roth J held that that the Applicant company was entitled to permission to amend its defence to a contractual claim brought by the Respondent local authority. A consent order had previously been made as between the parties, however a further issue remained disputed and as such, the Applicant applied......

The Pursuer in this case sought equitable discretion under s.19 of the Prescription and Limitation (Scotland) Act 1973 to bring an action for damages resulting from medical negligence following the expiry of the three year time bar under s.17 if the Act. The court dismissed the action.Lady Smith he......

The pursuer sought damages for injuries sustained by him in the course of his employment at the defender's paper mill. In January 2009, the pursuer's right arm was drawn into machinery, which latterly required the surgical amputation of this limb to the elbow, preventing him from being able to cont......

Judicature (Civil Procedure Code) Law (Jamacia): The Supreme Court of Jamaica was not deprived of jurisdiction to set aside a judgment in default of defence under s.258 of the Judicature (Civil Procedure Code) Law (Jamaica), even though damages had been subsequently assessed and a final judgment ha......

No adjournment of a trial in circumstances where there was sufficient time for expert witnesses to prepare joint statements prior to the trial commencing. An application was made three weeks before the commencement of the trial window to vacate it on the basis that there was insufficient time fo......

A single judge sitting in the High Court did have jurisdiction to make a committal order for an alleged contempt of court in proceedings commenced in the county court but subsequently transferred to the High Court.The appellant, who had been the original Claimant appealed against a decision that a ......

Court Must Consider Whether Unless Order Still Appropriate in all the Circumstances The Court of Appeal held that, when exercising the power under CPR 3.9 to grant relief from sanctions for failure to comply with an Unless Order, the correct test to be applied was whether the order remained ......

The pursuer and reclaimer had sued for "unlimited damages/solatium including actio iniuriarum" in respect of an article published by the defender and respondent on 11 February 2007 in the Sunday Times Scotland edition, and on two related websites. The court recounted that the pursuer and reclaimer......

Following a Proof in a Small Calim action, the Sheriff found in favour of the Pursuer and granted Decree for just under £1,000. He was addressed in the question of expenses and found the Defenders liable to the Pursuer in expenses as assessed in the Summary Cause Scale on the basis that there......

This appeal to the Sheriff Principal related to a summary application seeking a Sexual Offences Prevention Order against the Defender/Appellant in terms of s104 of the Sexual Offences Act 2003. At an earlier hearing in August 2009, the Defender had not appeared and the Sheriff had decided that......

Permission was granted to obtain expert accounting evidence and for the cause of death experts to produce a joint statement. Although the C had succeeded on her application to admit accounting evidence, it had been necessary because there was a deficiency in her case which the D had pointed out ......

The applicant appealed following the striking out of his claim for breach of an Unless Order. The CA held that the judge was not wrong in failing to go through each of the factors set out in r.3.9 and ticking them off and assigning them to one side of the balance or the other. Too rigorous an appro......

The Defenders/Appellants appealed against the Sheriff's decision to refuse their Reponing Note in an action raised against them under the Conveyancing & Feudal Reform (Sc) Act 1970. The Pursuers/Respondents wished to repossess the Defenders' property. Decree in absence had been granted again......

The Pursuers/Respondents raised an action for recovery of possession of heritable property and obtained Decree in absence against the Defender/Appellant. A Minute for Recall of the Decree was lodged on the Defender's behalf in terms of Rule 24.1 of the Summary Cause Rules 2002. The Defender did n......

In order to succeed in his application to set aside the judgment three preconditions had to be satisfied, namely that the applicant had not attended the trial for good reason, he had an arguable case on the merits and had applied to set aside the judgment promptly. If each of those three hurdles wa......