Applicability of s.2 of the Occupiers' Liability Act 1957 - a landlord does owe a duty to his tenant. N.B - the decision may conflict with Drysdale v Hedges available here The Claimant brought an action against her landlord and the builder engaged by her landlord. The Claimant suffered injur......

A Motorist That Broke Sharply For No Good Reason 40% Responsible For Rear-End Collision That Ensued:-The Court of Appeal held that the trial judge had erred in dismissing the claimant's personal injury claim on grounds that the although the defendant had been driving too close behind the claimant's......

Jury Awards/Judicial Awards/Negligence/Contributory Negligence/Damages/Section 1(4), Damages (Scotland) Act 1976The pursuers sought damages for the death of a family member caused by a road accident. They claimed that the defender's actions leading to the accident amounted to negligence. However, i......

Steel J held that that the defendant solicitor firm had been negligent in concluding settlement on behalf of the claimant without authority and in negligently failing to advise the claimant as to the ongoing issues arising in the group litigation, of which the claimant had previously thereto been a......

Employee had been Provided with Adequate Warning About Danger of Standing on Box: The Court of Appeal held that the Respondent employer had provided the Appellant employee with adequate instruction and warning about the risk of standing on an upturned box in order to reach an item from a high s......

The pursuer was the mother of Amy Whitehead. Miss Whitehead was aged twelve when she was struck by a van driven by the first defender, who was in the course of his employment with the second defenders. A proof has been fixed for 28 November 2006. The pursuer has lodged two reports in process. The d......

Failure to provide prompt and appropriate care and intensive support: The defendant hospital's negligent failure to provide prompt and appropriate care with intensive support was held to have caused the death of the claimant's wife from pneumonia. ......

Breach of duty established, but causation not established on the evidence. Although a hospital had been in breach of duty by not communicating to surgeons performing an operation the results of laboratory tests showing the presence of bacteria in a patient's existing surgical wound, and in not a......

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 he received there. The defenders plead that the action was time barred under section 17 of the Prescription......

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 he received there. The defenders plead that the action was time barred under section 17 of the Prescription......

The pursuer was employed by the defender from 1987 to 2002. He was diagnosed with Perthes disease in 1983, and the defenders were aware of this. His working conditions were said to have aggravated his Perthes disease and "accelerated" the incapacity of the pursuer. The defenders alleged that there ......

Strength of Claim Did Not Weigh Into Decision on Pre-Action Disclosure Blair J. held that although there would be cases where the Court would conclude that there was no claim at all, let alone a claim with reasonable prospects of success, the present case was significantly complex that there ......

Personal Injury:- The pursuer was injured at work when a partition fell and struck her on the back. The pursuer's agents intimated a claim against the defenders and, following an additional intimation, the defenders repudiated liability. The pursuer's agent then asked the defenders to reconsider th......

Reparation - Liability:- On 28 The pursuer was injured when she was thrown from a horse during a riding lesson at the defenders' premises on 2 April 2005. Damages were agreed in the sum of £30,000 and the only issued to be determined was liability. The central arguement in the pursuer's case w......

The pursuer and defender to this action were sister and brother, respectively. The defender had inherited a family croft at Kilmory, Acharacle in 1989, the land upon which the pursuer subsequently constructed a house for the use of her and her family. In this action, the pursuer claimed she was ent......

A local authority did not owe a non-delegable duty of care to a pupil at its school to ensure her safety when she attended a swimming lesson arranged by the school but provided by a third partyIt was held that the Court had not been wrong in striking out the C's claim (Laws L.J dissenting). There w......

Proof: Action for damages arising out of a road traffic accident. The defenders were the insurers of Mr Smith. Mr smith was stationary in his car at the bottom of a steep road in icy conditions on the right hand side of the road. The pursuer descended the road from the opposite direction and lost c......

The pursuer was employed by the defenders as a porter. One of his duties involved delivering mail around the university. On the 6th January 2009 the pursuer slipped on ice on an ungritted on-campus path while carrying out his duties. He suffered injuries to his back and sued the defenders for breac......

Inner House: Reclaiming motion: the pursuer raised an action against the defenders when he was struck on the head and injured by a golf ball which had been hit by the first defender from the 18th tee of Niddry Castle Golf Club. At proof, the Lord Ordinary found the first defender 70% to blame and t......

Reclaiming Motion: Inner House: The pursuer at first instance enrolled a motion to amend the pleadings relative to the assumed rate of return on investment of damages in terms of section 1 of the Damages Scotland Act 1996. The amendment was to the effect that the appropriate rate of return for calc......

Procedure roll: plea to relevancy by first defenders: the pursuer brought an action for damages for negligence of the first and second defenders in respect of treatment she was given as a result of the findings of a urine sample. The pursuer attended at the first defenders complaining of sickness. ......

Statistical Evidence in relation to life expectancy. A judge had not erred in refusing to allow expert statistical evidence as to life expectancy to be adduced in a personal injury action as the appropriate course was for the matter to be addressed by the clinical experts with the expert evidence......

Consideration of Local Authority's Duty Of Care To Claimant Who Had Crossed Road From Its Land And A Gap In The Fence:-HHJ Simon Wood (sitting as a Deputy High Court Judge) dismissed the Claimant's claim for damages pursuant to the Occupiers' Liability Act 1957 and in negligence. The Claimant, who ......

Trial Judge should have tested her Process of Reasoning against the Evidence:The Court of Appeal so held in allowing an appeal against judgment in favour of a train driver under the Provision and Use of Work Equipment Regulations 1998. The trial judge had found that sloping seats in the Defendant's......

Self-Defence in Assault Claims must be based on an Honest and Reasonable Belief:The House of Lords held that, in order for a defendant to establish self-defence in response to a claim in tort for assault and battery, they must not only show that they honestly believed that they were in imminent dan......