Jurisdiction – Inquest without Jury:Rulings that the inquests into the deaths of Diana Princess of Wales and Dodi Al Fayed were to be conducted by the coroner as deputy coroner of the Queen's household sitting without a jury were flawed and would be quashed. ......

Kyle McKenzie (12) suffered from cerebral palsy which was caused by events at his birth in 1994. The proof here related solely to the timing of the events that caused that condition the defenders having lodged a Minute of Admission of Liability in the terms:- "...the defenders hereby admit liabilit......

The pursuers were a retailing company whose business premises were flooded in 2001 when a mains water connection failed. According to the pursuers, that failure and the resulting loss and damage were caused by breach of contract on the part of the defenders who had carried out shop-fitting works,an......

A system of work that permitted a fire fighter to use a particular type of rescue equipment in a stressful situation when he had not been previously trained or experienced in its use was not a safe system of work. Accordingly the employer was negligent in failing to provide adequate training and wa......

The Appellant was having his loft insulated by the Respondent. The Appellant offered to stand with a pole underneath the hinged hatch door to the loft to ensure that the vibrations from the Respondent's drilling did not lead to the hatch opening and the Respondent falling from the Appellant'......

A second action making claims similar to those made in an earlier action was an abuse of process where the first action had ultimately been struck out on the merits.It was held that the particulars of claim mirrored those of the first action, so were an abuse of process unless there was proper just......

The pursuer sought damages against the defenders having suffered injuries whilst skiing at Aonach Mor on 20 March 2002. Counsel for the pursuer made a motion for the proof on liability to be separated from proof on quantum and to restrict the present proof to liability only. The motion was unoppose......

Failure of the court to deal adequately with expert evidence when an expert comments on areas outside of his appointment.The Court held there would need to remit a claim for maintenance and repairs for a re-trial after a judge had failed to adequately deal with an expert report which professed to d......

On the morning of 23 November 2004 the pursuer drove his van eastwards along the A950 and then drove in a southerly direction along the A981. A short distance south of the junction of the two roads he skidded on ice and went off the road whereby he was injured. It was submitted on behalf of the pur......

Petition for winding-up:- A director of UK Bankruptcy (UK) Ltd, a company subject to winding-up proceedings, lodged answers in defence of the petition, in order to forestall disqualification proceedings against him under the Company Directors Disqualification Act 1986. In 2009, the director sought......

Loss of a Chance of Establishing Liability. In an action against a law firm for loss of a chance to pursue a claim for damages for personal injury against an employer, the Privy Council substituted its own assessment of the prospects of establishing liability and of successful recovery of any dama......

The Pursuers sustained injuries when the driver of the bus on which they had been travelling braked suddenly. They raised an action for damages against the bus driver's employers. Quantum was agreed but liability was disputed. At proof, the driver's evidence was that a dog had run in front of the b......

Here the pursuer sued the defenders for damages for personal injury sustained when she fell and twisted her ankle in a car park off Blenheim Avenue, Stepps on 24 December 2002. The pursuer claimed that near the entrance to the car park her left foot went into a pothole, she did not see. As the purs......

Slipping Hazard caused by Flower Petals. The owner of a flower shop on a station concourse was held to be responsible for an injury sustained by the claimant when he slipped and fell after stepping on a petal because it had negligently failed to operate a reasonably effective and safe system of wo......

A Company Operating An Indoor Rock-Climbing Wall Was Liable For Injuries Sustained By A Climber Who Had Jumped Down Off The WallHHJ Curran QC (sitting as a Deputy High Court Judge) held that the defendant company that operated an indoor rock-climbing had breached its duty of care owed to the claima......

The Claimant brought a personal injury claim for damage to his hearing, sustained it was alleged, during the course of his employment in a noisy working environment between 1953 and 1988 with his former employer. He had sought medical attention in respect of problems with his hearing on numerous......

The Pursuer raised an action of damages following a road accident in December 2008. She was 23 years old at the time of the accident and 25 at the date of proof. Liability was admitted but there was a dispute over quantum.The Pursuer suffered a soft tissue injury to her lower back as a result of......

It was inappropriate to determine as a preliminary issue whether an insurance company could rely on exclusions clauses in a personal accident insurance policy as to the deceased's state of mind at the time of a fatal car crash; to so would inhibit the trial judge in determining whether his acts had......

The Claimant suffered catastrophic injuries when her scarf got caught in the moving parts of a go-kart. She brought a claim against the manufacturer of the kart, the owner of the kart and the karting centre that sold the kart. The Claimant discontinued her claim against the manufacturer of the k......

Liability for Climber falling from Wall:Held that an activity centre had failed to comply with the Management of Health and Safety at Work Regulations 1999 by not warning a participant as to the latent danger of falling off a climbing wall onto safety matting provided. Although the defence of volen......

Clarke J held that disclosure of information during the course of litigation did not absolve potential witnesses from the duty of confidentiality owed by them to the party making such disclosure in respect of matters in issue in the proceedings. Accordingly, the effect of the disclosure did not rel......

CPR r.36.2(2)(c) did not mandate that for a Claimant to make a valid Part 36 offer, he had to make the payment of his costs by the Defendant a condition of his offer. It meant that if a claimant sought his costs, he had to specify a period of not less than 21 days in which they were to be paid. ......