Insurance- Doctrine of Election. The consequence of a failure on the part of an insured to comply with a condition precedent requiring the immediate notification to the insurers of the occurrence of any injury or damage was not that the insurers were automatically discharged from liability, but ra......

The pursuers here were the stepson and the youngest son of the deceased, Gerald James Toms, who died on 12 October 2000, as a result of falling asleep at the wheel of a lorry which he was driving for the Post Office, then trading as Parcelforce Worldwide. and were, or should have been, aware of the......

No liability for psychiatric injuries suffered by foster carers. A local authority was not liable for psychiatric injuries caused by a teenager's harassment of her former foster carers, as the authority's duty of care did not extend to insuring carers against such injury and because the fostering ......

The Court of Appeal held that a pickup driver, towing a cattle trailer, was not liable for a fatal accident that occurred when a motorcyclist emerged over the summit of a hill at around 80mph and collided with the rear of his trailer. The trial judge had found that the defendant was 25% liable for ......

The Claimant sustained a serious injury to his right leg, which consequently necessitated a below-knee amputation, as a result of a road traffic accident in which his motor scooter became trapped between a tourist bus operated by the First Defendant and a car driven by the Second Defendant on proce......

A finding of liability on the part of the Defendant company was reversed on appeal where a judge determined that there had not been a breach of the duty of care under the Occupiers' Liability Act 1957. The Claimant slipped on excess rainwater which had gathered on the floor of the premises. On appe......

Personal Injury - Specification of Documents & Diligence:- In this action the pursuer sought damages following a car accident in which she blamed the defenders' employee. Liability was admitted and the only remaining issue was the quantification of damages. The defenders lodged a specificatio......

The pursuer had been supplied to work for the defenders by the third party. Case considers general principles of law that apply in cases where an individual has a contract of employment with one person but in pursuance of that contract of employment performs work for another person. The pursuers cl......

Proof:- On 4 June 2001 the pursuer was involved in a road traffic accident when a tractor towing a trailer being driven by an employee of the defenders, in the course of his employment with them, passed the pursuer on the other side of the road. As it did so, the trailer became detached from the ......

Hospital doctors had not been negligent in their treatment of a baby who had sustained a rare brain condition shortly after his birth. ......

Floyd J held that the operation of the slip rule pursuant to CPR r. 40.12 was limited to the correction of accidental slips or omissions in orders. Floyd J thus held that that the deliberate inclusion of a matter by a party within an order drawn up and sealed by the court was not an accidental slip......

In this action the pursuer sought damages for an injury to his left eye which he sustained during his employment with the defender. Here the pursuer moved for issues to be allowed and the cause appointed to jury trial. The motion was opposed by the defender who moved for a proof. It was opposed on ......

A hospital breached its duty in failing to carry out a sufficiently thorough examination of a patient and by delaying the diagnosis of anterior compartment syndrome and caused disability. ......

Negligent interpretation of untrasound. The court held that, although a consultant had carried out the ultrasound procedure carefully, he could not have exercised reasonable care and skill in concluding on the basis of that examination that the relevant fetal brain structures were present. ......

Pursuer avers that as a result of the fault on the part of the defenders she sustained a partial tear of her rotator cuff tendon. The defenders deny the pursuers averments and claim that any problem the pursuer had with her shoulder were caused not by any ......

Proof: Regulation 12(3) Workplace (Health, Safety and Welfare) Regulations 1992: injury when pursuer slipped on stairs due to slippery substance. The pursuer brought an action for damages for injuries sustained when she slipped on stairs during her employment as a janiter at a school. The incident ......

Here the court considered this petition for judicial review of decisions by the Committee of the Club to uphold a complaint against Mr Lindsay Smith and suspend him from membership of the Club. Another member of the Club complained to the Captain of the Club that Mr Smith had cheated in a match pla......

The claimant was a patient within the meaning of the Mental Health Act 1983 Part VII and CPR Part 21. ......

The pursuer (and appellant) was a nine year old girl who climbed into the rafters of a shelter in the playground of her primary school where she fell and injured her wrist. The defenders (and respondents) were the local authority whom the pursuer sued for breach of s.2(1) of the Occupiers Liability......

Claims effectively compromised by agreement to discontinue. On the facts, the claimants' actions against their former employer for personal injury for chemical exposure had been validly compromised by an agreement made by telephone between the parties' solicitors that the claimants would discontin......