Defenders submit that certain averments of loss about the cost of care made by the pursuer were irrelevant. Essentially the defenders submissions concern statements in condescendence 7 which suggest that at some time in the future the Pursuer may have to fund future care herself. The case concerns ......

There had no breach of duty under Section 58 of Highways Act 1980 where the Claimant fell owing to a hole in the pavement. The particular pavement had been inspected once every 12 months. There was evidence before the court that the road surface had been in good repair in the 3 months preceding the......

The Claimant and first Defendant were together stealing some ladders. The Claimant fell from the getaway vehicle as they were fleeing the scene and sustained serious injuries. He brought an action in negligence against his co-conspirator and the insurer of the getaway vehicle. The Court of Appea......

The Court of Appeal held that the judge's decision, that the Claimant had unreasonably failed to mitigate her loss in failing to accept the Defendant's offer of a replacement vehicle, was procedurally irregular in that the judge had decided the appeal on a basis contrary to the way in which it had ......

Outer House case concerning damage to an Indian restaurant in Glasgow following the demolition of the floors above by Glasgow City Council. The Council demolished the first, second and third floors of a tenement on North Street in Glasgow in the autumn of 1996 after serving notice (under s......

The Claimant's wife, Ms Begum, had been visiting the Defendant general practitioners for several months complaining of stomach-related symptoms. In March 2008 she was diagnosed with stomach cancer however the cancer was too advanced to treat and she died in August 2008. The Defendant admitted t......

Periodical Payments. It was appropriate to add the secretary of state as a party to proceedings for the approval of a settlement in a clinical negligence claim where the exercise of his discretion under the Health and Social Care (Community Health and Standards) Act 2003 s. 25(3) was an important......

The Claimant succeeded in her action for damages against her employer when she slipped owing to water which had entered the premises through a leak in the roof. It was argued for the Defendant that the roof did not form part of the premises. That argument was not accepted. The evidence from a surve......

Assessment of damages following an accident at work. ......

The Court of Appeal held that the requirement in the Health and Safety Executive's policy on granting exemptions from health and safety legislation, that there should be no reasonably practicable alternative way of complying with the statutory provision, was directed to the position of the appl......

It was held on appeal that the trial judge had erred in finding that the Claimant had not proved his case on the balance of probabilities when there was photographic evidence and expert evidence to support M's case of the footpath being in a dangerous state. The judge had given too much weight to t......

Personal Injury - Motion for Issues:- On 28 July 2002 the pursuer took her 19 month old daughter, Beth, to Blair Drummond Safari Park which was owned and occupied by the defenders. The pursuer claimed that during the course of the visit her daughter's arm came into contact with animal faeces, whi......

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......

On the facts, time had started to run for limitation purposes when the employee's doctor concluded that there was a real possibility that his working conditions had caused his hand arm vibration syndrome, as that would have put the reasonable man on notice to investigate the link further. However, ......

A clinical scientist's fitness to practise was clearly impaired by reason of lack of competence where the evidence showed a substantial number of errors across a broad area, concerning different topics and over a considerable period of time. It was clear from the evidence that those were serious er......

It was open for the court, after finding that accidental death was possible, to discount the less likely possibility of suicide, thus finding on the balance of probabilities that accidental death had occurred. ......

Civil Evidence: Expert/Factual Evidence. A judge had erred in refusing to admit the evidence of a surgeon who had treated the claimant in a personal injury action, on the basis that to admit the evidence would have exceeded a limit on expert witnesses allowed at trial, as his statement was merely......

This is a significant judgment marking a change in the conduct of civil jury trials in Scotland. An enlarged bench was convened to hear conjoined motions for a new trial on the grounds, inter alia, that a) damages awarded by the juries were excessive (section 29(1)(d), Court of Session Act 19......