A former employee was entitled to damages for psychiatric injury and consequential loss and damage that she suffered as a result of harassment and bullying by her fellow employees. The behaviour of the fellow employees was within the scope of their employment, and closely connected to their work t......

A first instance decision was overturned on appeal where the judge had found that the Defendant had breached its duty towards the Claimant by allowing rainwater to remain on the step of one of its buses. The Claimant had slipped on the rainwater which it was found had been caused by passengers gett......

Thirlwall J held that the defendant householder was not liable in common law negligence or under section 2 of the Occupiers' Liability Act 1957 in respect of personal injuries sustained by the adult claimant (aged 18) who had dived into his private swimming pool and was thereby rendered tetraplegic......

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 ......

Professional ConductComplaints against the general and vascular surgeon arose in part from procedures carried out more than five years before the complaints. In refusing to stay the disciplinary proceedings the registrar had erred because there were no exceptional circumstances requiring an invest......

A trial judge had not erred by ruling on a preliminary issue as to diagnosis of hand arm vibration syndrome without hearing oral medical evidence where it was clear to the judge, having heard the claimant's oral evidence, that he did not have any symptoms of the syndrome. ......

Defendant Caravan Park Liable for Accident on Football Pitch:The Court of Appeal held that the trial judge had erred in finding that the owners and operators of a caravan park were not liable for an accident that occurred when a portable football goal that should have been pegged to the ground coll......

Motorcyclist and Car Driver Were Equally to Blame for Accident:The Court of Appeal held that the rider of a motorcycle and the driver of a car were equally to blame for an accident that occurred when the car driver emerged from a minor road into collision with the motorcyclist who had been travelli......

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......

The Claimant was a police officer who was ordered to clear plants out of a cannabis factory. She suffered personal injury when she cut her thumb opening a window in the cannabis factory. The only risk which had been considered was of irritation to the skin as a consequence of contact between skin a......

An action seeking reparation for loss and damage suffered as a consequence of alleged negligence of a consultant and registrar in gynaecology while carrying out a total abdominal hysterectomy (removal of the uterus) and left salpingo-oophorectomy (removal of the left ovary). The issues were whether......

Negligence: Stress at Work & Circumstances putting Employer on notice as to risk of injury: It was critical for a judge in a claim for personal injury caused by stress at work to find the circumstances that put the employers on notice that if they did not take action it was reasonably foreseeable t......

The English court dealing with a personal injury claim in respect of a road traffic accident that occurred in New South Wales had to apply English law to the assessment of damages as a matter of procedure to be regulated by the law of the forum under the Private International Law (Miscellaneous Pro......

Fatal Accident Claim. A termination of service payment made to the deceased's estate under a provident fund scheme did not prevent the deceased's widow from recovering Fatal Accidents Act damages in respect of her husband's expectation of receiving retirement benefits from that fund. ......

The Court of Appeal allows appeal against a finding that the relationship between a firm of surveyors and the owners of a shop was not sufficiently proximate to give rise duty of care to those injured by a falling sign. The Appellant, a firm of surveyors, appealed against a decision that the Res......

The Claimant in this case claimed that she had suffered injury when surgeons in the employment of the Defendant had detached her deltoid muscle from the acromion and failed subsequently to repair it. The Defendant denied liability and in any event argued that the Claimant had issued outside the pri......

No Implied Licence In Respect Of Reckless Conduct Going Beyond Normal Recreational Activities:The Court of Appeal held that in determining whether a person was an licensee and thus a visitor who was owed a duty of care under the Occupiers' Liability Act 1957, the determinative question was not whet......

Three individuals involved in bringing a false personal injury claim imprisoned for contempt It was necessary to distinguish between those that had played a principal role in the scheme and those who had supported it. Whilst Mark Bowyer had described himself as the prime mover, and it was accept......

A trial and an appeal from that trial were separate proceedings for the purpose of the Access to Justice Act 1999 s.29. Therefore a premium for after the event insurance, taken out shortly before an appeal, covering the costs of the appeal and the costs of the trial at first instance, was not recov......

Nightclub owner vicariously liable for acts of employee doorman. A nightclub was vicariously liable for the acts of a doorman supplied to it under an agreement for the provision of security services since the club had control not only over what the doorman did but how he was to do it. An assault ......

In this action, the pursuer sought the setting aside of a decision of the defender to award a Framework Agreement to BUPA Home Healthcare Ltd. The Framework Agreement was for an extendable period of two years and was for a compounding, dispensing and delivery service of Trastuzumab, with a nursing ......

The pursuer had an accident at work on 30 May 2003 when a drinks dispensing machine, from which she obtained hot water for pots of tea or coffee, malfunctioned, and fell heavily to the floor, sustaining severe injuries to her right hip and right wrist. The pursuer claimed damages from the defenders......

The parties are severely at odds regarding (a) the nature of the work which the pursuer was doing at the time of his accident; and (b) the veracity of his claim to have been an employee of the defender company. As more fully discussed below the defenders maintain that at that time of the accident a......