Legal Services & Funding: A solicitors' retainer letter that stated that no charge would be made for pre-litigation services if the opponent disputed the claim and the client decided not to pursue it, was not a conditional fee agreement because those services were not "litigation services" within t......

GMC Proceedings. In the circumstances, the GMC had not owed a duty of fairness to the Singapore Medical Council in deciding not to pursue a charge against a GMC-registered doctor who had been found guilty of professional misconduct in Singapore. ......

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......

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The defenders plead that the action was time barred under section 17 of the Prescription......

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The defenders plead that the action was time barred under section 17 of the Prescription......

Res Ipsa Doctrine Applies to Air Crashes:The Privy Council held that the maxim of res ipsa loqitur was potentially of great importance in plane crash cases owing to the difficulty of discharging proof in aviation matters. Although courts in the past had been reluctant to apply the maxim to air cras......

The Claimant was a nurse who brought a claim for a serious back injury sustained in a lifting accident in the course of her employment with the NHS. The Claimant lifted some heavy seats in a hospital waiting area, replacing them so that elderly and frail patients could sit when waiting for appointm......

On 17.05.12, the Court of Appeal gave judgment allowing the Claimant's appeal in Ghaith v Indesit Co UK Ltd, [2012] EWCA Civ 642, [2012] All ER (D) 205 (May). The case centred on Regulation 4 of the Manual Handling Regulations 1992, the Claimant having suffered a back injury when clearing out his e......

This was an ordinary action for damages in reparation for personal injury. The pursuer averred that she sustained injury on 25/8/98 whilst she was working in the course of her employment with the defenders as a Grade C Enrolled Nurse at the Queen Margaret Hospital, Dunfermline, Fife. She averred th......

Court Of Appeal Consideration Of The Voluntary Assumption Of Risk Defence Pursuant To Section 5(2) Of The Animals Act 1971The Court of Appeal dismissed the Appellant's appeal against the decision that the Respondent was not strictly liable for the injuries she sustained whilst she was riding a hors......

This claim arose from a road traffic accident on 26 February 2004. Liability was admitted subject to a 1/3 reduction in respect of contributory negligence. The Claimant maintained that he had suffered from pain in both knees, lower back and neck. The Defendant's position was that other than ......

Appeal Allowed in Part in RSI Claim:Allowing her appeal in part, the Court of Appeal held that although the amount of typing that the Claimant was required to do by her employer was not such as to cause a reasonable employer to foresee any risk of personal injury, the reduction that was made when t......

Value of confidential information. A judgment on an inquiry as to damages suffered by a partner by reason of misuse by former partners of confidential information following the dissolution of the partnership was set aside where the master had misdirected himself as to the correct method of valuing......

Only live issue concerns the defenders averments of contributory negligence.Consideration of evidence. ......

The Pursuer was employed by the Defenders as a slater/builder. He and a colleague were instructed to remove slabs from the garden of a property owned by the Defenders. Part of the operation involved breaking up a concrete block and they did so using a pickaxe and a large hammer. As the Pursuer trie......

The Court of Appeal revisited the "coincidence of location" fallacy argument previously coined in Whittle v Bennett [2006] EWCA Civ 1538. Coincidence of location fallacy arises where a defendant acts negligently and, as a result of that negligence, he is in a position where an accident occurs, b......