In an action for damages for personal injuries, where liability was admitted but there was a dispute over quantum, a Tender had been lodged and accepted. The Pursuer made a motion to have two witnesses, a consultant orthopaedic surgeon and a vocational employment consultant, certified as skilled wi......

New insights from Mark Thorley, co-founder of Thorley Stephenson Solicitors regarding LRK v AG [2021] SAC(CIV) 1.  Children’s views The recent case of LRK v AG [2021] SAC(CIV) 1 has reinforced the premise that the court was bound to ascertain a child’s views unless, as a matter of p......

In a claim for professional negligence, the court permitted a late amendment of Particulars of Claim to add a differently pleaded case at the start of trial and an adjournment after it became apparent to the judge that the case that the Claimants were adducing was different to that set out in their......

The Pursuer sought damages for injuries he sustained in a road accident. The Defenders admitted that their Insured was responsible for the accident but disputed the value of the Pursuer's claim and a Proof on quantum took place. The Pursuer suffered soft tissue injuries to both shoulders, strains......

The trial judge had not erred in implicitly accepting a witness' evidence as truthful despite not clearly expressing his reasoning and consequent findings.A local authority appealed against a decision that it had breached its duty of care owed to the Claimant when she had fallen crossing a grass ve......

Limitation Act 1980, S. 14(2). The proper approach to the question raised by the Limitation Act 1980 s.14(2) in relation to a claimant seeking to bring a personal injury claim outside the three-year period specified in s.11(4)(a) was to consider the reaction to the injury, as opposed to its possib......

Pedestrian Knocked Over By Speeding Motorist Under The Influence Of Alcohol Guilty Of Contributory Negligence To The Extent of 10%:-The claimant pedestrian claimed damages for personal injury and loss arising out of a road traffic accident in which he had been knocked down by a speeding motorist un......

The pursuers, members of the deceased's family, sued a company for negligently installing a handrail which allegedly caused the deceased's fatal accident. The defenders tabled a plea of contributory negligence on the basis that the deceased's ability to descend the stairs was impaired b......

The reclaimer, McGlinchey, challenged a decision that she had failed, on a balance of probabilities, to prove that her injury was caused by an allegedly defective handbrake. The issue was whether the Lord Ordinary erred in deciding the case purely on the basis of a failure to overcome the onus of p......

The judge had been entitled not to exercise his discretion to disapply the limitation period in a case where the claimant was suing a psychiatrist, as a result of an allegedly negligent diagnosis, seven years out of time. ......

The Pursuer raised an action of damages for injuries sustained in a road traffic accident. He was retired and aged 69 at the time of the accident and 71 at proof. Liability was admitted and the only issue in dispute was the value of solatium. Following the accident, the Pursuer had experienced pain......

Correct assessment of damage. The judge had correctly assessed the level of damages for personal injury sustained during the course of employment. ......

Damages, consent and liability in the context of a road traffic accident claim ......

On the facts, the court was unable to determine whether cigarette smoking was a cause of lung cancer. The pursuer had failed to adduce evidence which gave the court any special knowledge of the subject-matter on which her experts had relied enabling the court to form its own judgment. In any event,......

Where Counsel was concerned that evidence was being adduced that was a departure from a pleaded case, it was incumbent upon him to invite the trial judge to rule on that objection and insist on the ruling. It was therefore too late to raise the point on appeal.The appellant employee appealed agains......

Workplace (Health, Safety & Welfare) Regulations 1992: On the evidence the judge was entitled to conclude that the appellant's injury had been caused by slipping on dust and that there had been a breach of regs. 5 and 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992. ......

In July 2005, two sons of the pursuer were walking along a pavement towards an ice-cream van, when one fell into the road and was trapped under the nearside rear wheel of the defender's vehicle. He sustained numerous serious injuries, including a fractured jaw, the loss of two front teeth, and frac......

Expert evidence- Findings of Fact. A judge's view that a midwife would not have failed to notice a prolapsed umbilical cord during a medical examination was a view that was he was clearly entitled to take on the evidence as, over a considerable period, he had been able to assess her as a witness a......

Solicitors' Conduct Of Property Transactions Not Negligent Henderson J held that the defendant solicitors' firm were not liable to their clients for damages for professional negligence, breach of fiduciary duty or breach of trust. The defendant had been instructed by the clamant to act on their beh......

Personal Injury:- In this action the pursuer, a principal teacher in Glasgow, raised an action against his employers for (1) loss, injury and damage caused by the defenders' failure to take reasonable care for his health and safety; and (2) breaches by named employees of Section 8 of the Protecti......

Outer House, Court of Session-Reparation-Personal Injury-Action of damages arising out of an accident at a barge in Norway. The pursuer was working as a pipe fitter. He required to negotiate a step over an exposed area of floor. there was piping under the floor. in the circumstances, the pursuer ch......

This is Outer House case in which Mr Leonard sought damages from the Loch Lomond and the Trossachs National Park Authority after falling and injuring himself while descending a path forming part of the West Highland Way at Balmaha. Arguments Mr Leonard (who had been 12 at the time of the acci......