On the facts of the case, there was no criticism of a case management decision limiting the appellant to calling an occupational psychiatrist and, not allowing him to call an additional expert in the field of occupational psychology, since the real issues in the case were factual issues which an oc......

This was an assessment of quantum in a case where a bus had run over a pedestrian causing him serious injury. The court held that both parties should have been keeping a better lookout. Had the Defendant's driver been keeping a better lookout the accident might have been avoided. There was an o......

Stress at Work. An employer was in breach of its duty to its employee to take reasonable care to avoid injuring her health where it had become aware that her difficulties at work were having an adverse effect on her mental health, but had taken no steps to help her. ......

Michael Harvey QC (sitting as a Deputy High Court Judge) allowed the claimant solicitors' firm's claim for a sum of money in respect of outstanding fees for legal services provided to its former client, the defendant. The defendant had brought a counterclaim for damages for alleged professional neg......

Doctor not liable where Patient did not present usual symptoms. The respondent general practitioner admitted a breach of duty in failing to ensure that the appellant was spoken to by a doctor earlier on the day in which she suffered a fall in the shower. The trial judge had found as a fact that t......

On the evidence, a general practitioner was not liable in negligence to the claimant for failing to diagnose a sub-arachnoid haemorrhage and refer her to hospital as she had presented with unusual symptoms. Even if there had been negligence, it was likely that the claimant would have suffered a str......

Psychiatric Injury. Duty to take reasonable steps to minimize risk of psychiatric harm. Where the Home Office knew or ought to have known that a remand prisoner was vulnerable to psychiatric harm the duty of care that was owed to that prisoner by the Home Office included a duty to take reasonable......

Negligence & Apportionment: Driver injuring child pedestrian: A driver, whose vehicle struck and injured a child pedestrian, had been negligent in not seeing the child on the kerb and/or crossing the road, and/or by not slowing down, and/or by not sounding his horn. However, on the facts, the child......

Claimant Failed to Establish that Employer Should Have Provided Armoured Vehicle in Iraq:Christopher Clarke J. held that the Claimant, a civilian contractor working in Basra, had failed to establish that the level of risk from improvised explosive devices was such that his employer or the Army shou......

When dispensing a prescription, a pharmacist was required to consider whether the medication prescribed was suitable for the patient; where there had been a change to the strength or dose of the patient's medication, the question to be asked was whether the prescription really represented what the ......

Driver not Negligent in Failing to Reach Hard Shoulder Tugendhat J. determined as a preliminary issue that a Claimant who had broken down on a motorway and been unable to reach the hard shoulder was not contributorily negligent. The Claimant had been driving in the middle lane and the collision oc......

Issue is whether and to what extent the third party was liable to contribute to the damages to which the defenders were liable to pay to the pursuer. Reference is made to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 Section 3(2) in that there are two questions to be addressed: firs......

The Court of Appeal held that the judge at first instance had been wrong to infer that the claimant had been involved in a staged road traffic accident. The claimant (C) was the driver of a vehicle which was supposedly in a collision with a vehicle being driven by the first defendant (D1). D2 wa......

The Claimant was an engineer who was admitted to the Defendant hospital for treatment to a cancerous growth in his bladder. He was put under general anaesthetic in the course of a cystoscopy. When he awoke after the operation, he found that he was suffering from severe pain in his left shoulder. It......

Claimant had not established “Material Damage” for Misfeasance Claim:It was held that a Claimant whose anxiety had manifested itself in the form of physical symptoms of numbness to his arm and leg had not established that he had suffered material damage for the purposes of a claim for m......

Coulson J dismissed the claimant's claim for damages against the defendant NHS trust?s alleged negligent treatment of him upon admission into one of its hospitals. Coulson J held that the defendant had negligently failed to diagnose the claimant as having Cauda Equina Syndrome ('CES') and thus did ......

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......

Proof:- On 27 September 2005 the pursuer, an employee of the defender, sustained serious injuries when he fell under and was run over by the wheels of a tractor. In this action the pursuer sought damages from the defenders in respect of that accident. The circumstances of the accident were that t......

Applications for Pre-action Disclosure. The court declined to order pre-action disclosure where one of the necessary conditions under CPR r.31.16, namely, that the respondent would have been under a duty to disclose the classes of documents sought by way of standard disclosure had proceedings begun......

The pursuers, owners of a gas pipe that leaked and caused an explosion at Grovepark Mills in 2004 resulting in the death of nine people and serious injury to forty-five, sought contribution towards damages from the defender, the industrial gas supplier, under s. 3(2), Law Reform (Miscellaneous Prov......

In A Claim Governed By Guernsey Law, An Employers' Liability Insurer Was Only Liable To Indemnify Employer For The Proportion Of Employee's Employment Covered By Insurance Policy.Cooke J was required to determine the scope of the Defendant insurer's liability to the Claimant employer and who was in......

The tip of the Claimant's finger was amputated whilst she was 'spotting' for a friend on a weight-machine at the Defendant's gym. At first instance the Recorder held that it was reasonably foreseeable that injury would be suffered by a gym member in this way; and that it was not cle......

Defender opposing motion for issues on the basis that certain parts of the pursuers pleadings were of doubtful relevancy and others were too complex for consideration by a jury. ......

The pursuer claimed that on 23 October 2001 he was working in the course of his employment for the defender as a window cleaner, cleaning the windows of a house at 11 East Hermitage Place, Edinburgh, when the unsecured ladder he was on slipped causing him to fall causing his injury. The pursuer ave......