There was no principle or practice that the court could not summarily dismiss a claim where there was untested paper evidence supporting it. ......

First Defendant in breach of The Construction (Health and Safety at Work) Regulations 1996 No.6 with Claimant guilty of 30% contributory negligence. Second Defendant also liable on basis that he failed as an occupier to take reasonable steps to ensure First Defendant was a competent independent c......

First Defendant in breach of The Construction (Health and Safety at Work) Regulations 1996 No.6 with Claimant guilty of 30% contributory negligence. Second Defendant also liable on basis that he failed as an occupier to take reasonable steps to ensure First Defendant was a competent independent c......

First Defendant in breach of The Construction (Health and Safety at Work) Regulations 1996 No.6 with Claimant guilty of 30% contributory negligence. Second Defendant also liable on basis that he failed as an occupier to take reasonable steps to ensure First Defendant was a competent independent c......

Dangerous Driving. Whilst the test under the Road Traffic Act 1988 s.2A(3) for determining whether a driver had been driving dangerously was primarily an objective test, circumstances relevant to dangerousness that were favourable to the driver such as his special driving skills or adverse circum......

Protestor Successful In Recovering Damages For Assault By Police Officer In The Course Of A Demonstration:-Eder J held that the Claimant protestor, who sustained a fractured arm during a pro-Palenstinian demonstration following restraint by a police officer, was entitled to recover damages from the......

Ministry of Defence Vicariously Liable for Actions of Army Captain:The Court of Appeal held that the Ministry of Defence were vicariously liable for the actions of an Army Captain, even in an off-duty situation where he had allowed two soldiers to jump from a bridge into a lake, one of whom had bee......

All But One Lead Personal Injury Claims By Atomic Veterans Were Statute Barred:The Court of Appeal held that all but one lead claims by Atomic Veterans for personal injuries alleged to have been caused by nuclear testing carried out in the Pacific region in the 1960s by the British Government were ......

Executors sought payment under a personal accident insurance policy underwritten by the defenders who were obliged to pay if injuries caused by an accident were the 'sole cause' of death. The deceased was admitted to hospital after being involved in a road traffic accident where he develope......

In July 2001 Mr Mitchell was violently assaulted by his neighbour Mr Drummond and died from his injuries. Both Mr Mitchell and Mr Drummond were tenants of Glasgow City Council and the latter's propensity for violence and anti-social behaviour towards, in particular, Mr Mitchell, were well-documente......

M is owner of shop and yard and S is his long lease tenant. M built a new shop in the yard. The yard was not occupied by S but considered by S to be to be part of her lease. S obtains an interim interdict against M entering the yard and the new shop in it on the basis of her lease document appe......

Outer House case concerning an alleged breach of duty under the Occupiers' Liability (Scotland) Act 1960 at Lakeland's store on Hanover Street in Edinburgh. Miss Brown argued that a two-fold failure by Lakeland to install a handrail and to signpost an existing alternative exit on George Street ......

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment she received there. The defenders plead that the action was time barred under section 17 of the Prescriptio......

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment she received there. The defenders plead that the action was time barred under section 17 of the Prescriptio......

Man who Assisted at Accident Scene not a Primary Victim: G Leggatt QC held that the Claimant who had provided assistance to victims of a construction accident was not a primary victim. Although the Claimant had provided significant help to the injured men that was neither peripheral or trivial, and......

Reparation - Damages - Solatium - Minor Injuries to upper back, neck, chest and shoulder; anxiety when driving The Pursuer sought damages for injuries he suffered as a result of a road traffic accident in November, 2005. His stationary vehicle was struck from behind by a vehicle for which the D......

The applicant applied for the committal of the respondent for contempt of court on the basis that he had advanced a dishonest claim for which he had been awarded damages for personal injury following an RTA. After the claim was settled documents were discovered which suggested that the Claimant had......

Interpretation of ambiguous expert evidence: If what a witness had said was ambiguous or its interpretation was in doubt, it was for the judge to decide upon the correct interpretation. In a claim for damages for hand arm vibration syndrome the judge had been justified in interpreting the Claimant'......

Accrual of cause of action for Francovich damages. In a claim for Francovich damages based on defective implementation of a Directive, the cause of action accrued on the date the Claimant was injured by an untraceable driver, since it was then that he was disadvantaged by the defects he alleged, r......

Judge Wrong to Refuse Permission to Third Party To Be Joined As Party To Personal Injury Proceedings:The Court of Appeal held that the Judge had erred in refusing a third party's application to be joined as party to the Claimant's personal injury claim against the Defendant and ordering a split tri......

In this action the pursuer sued Aberdeenshire Council in respect of injuries she received whilst at work on 1 May 2003. The pursuer was employed as a project officer within the Criminal Justice Team of the Social Work Department of Aberdeenshire Council and was responsible for administering the com......

The pursuer sought reparation for injuries sustained by her in an accident at the defenders' premises. She alleged that whilst walking along a private road within the site she tripped and fell over a speed hump on that road. She averred that an accident of this nature at this location was reasonabl......

The Medical Defence Union was not amenable to judicial review. It could neither be said to be a "public body" nor did it exercise a "public function" in a respect that affected the claimant. ......

Vicarious Liability. A school was vicariously liable in circumstances where a member of staff had selected a boy, who was well over the age group for the match, to play on a junior rugby team and that boy's superior size, weight and maturity had contributed to an opposing player being injured. ......

Here the pursuer sought damages from the defender in respect of a road accident which occurred on 4 September 2003. In the accident the pursuer sustained leg injuries when his motor cycle ran into the rear of the defender's car which was allegedly reversing round a sharp bend on the A82. It was acc......

Here the pursuer sought damages from the defender in respect of a road accident which occurred on 4 September 2003. In the accident the pursuer sustained leg injuries when his motor cycle ran into the rear of the defender's car which was allegedly reversing round a sharp bend on the A82. It was acc......

In this action, the pursuers sought implementation of missives, which the parties had entered into in 2008, for the purchase of subjects at Dens Road Market, Dundee. The pursuers sought payment of the purchase price from the defenders, totalling the sum of £1,550,000. The defenders denied thei......