An employer was in breach of the Provision and Use of Work Equipment Regulations 1998 reg.4 and reg.20 by providing removable suspended ladders for employees to access the top bunks in their sleeping accommodation because the risk of injury, if the ladders were not replaced properly, should have be......

Robbie Scott (15) suffered from cerebral palsy. In this action he sought damages for alleged medical negligence. The parties agreed the level of damages to be awarded in the event of a finding of negligence. Proof here therefore was restricted to whether or not Dr Tara Cooper, who was then a senior......

First Defenders/Appellants appealed against the Sheriff's decision to allow a Proof before Answer following a debate.The Pursuers/Respondents had entered into a share purchase agreement ("the Agreement") for the sale of their business to the First Defenders/Appellants. The Agreement confirmed t......

The pursuer had been employed as a power loader in the mining industry between about 1976 and 2002, when he was made redundant. He had developed Hand Arm Vibration Syndrome ("HAVS") and has been partially compensated for this by the defenders. In particular, he has received payments from the defend......

The pursuer was working offshore and sustained his injuries as a result of the ladder which he used to get down from his bunk not having been properly secured. The pursuers case was pled under regulations 4 5 and 20 of the Provision and Use of Work Equipment Regulations 1998 (the Work Equipment Reg......

This case sounded a cautionary note in relation to use of the doctrine of res ipsa loquitur. It was held that this doctrine should be used with caution when the events in question were outside the Defendant's control. In the instant case where the Claimant alleged that the ladder in question was in......

County Courts Act 1984, s.70: The Court confirmed that s.70 of the County Courts Act 1984 does not preclude the Court of Appeal from considering a second judgment made by the county court judge where the second judgment only gave further reasons for his decision and did not change the order that wa......

Proof:- The pursuer was employed by the defenders as a waste management workerbefore in April 2005 they employed him as a driver of a triple mower cutting large areas of grass on their housing estates in Dundee. The defenders sent the pursuer on a training course in the operation of triple mowers......

The Claimant failed to prove negligence and/or breach of statutory duty when she slipped on the floor of the foyer in her block of flats. The floor was wet as it had been a rainy day and the foyer was used by a number of individuals. There was no evidence of previous falls or slips on this floor. I......

Claimant's Case Not Statute Barred:Griffith Williams J. held that the trial judge had been incorrect to conclude that a patient's claim against an NHS Trust was statute barred as, on the evidence, her date of constructive knowledge brought her within section 14(3) of the Limitation Act 1980. Althou......

Judge Right to Conclude that Mesothelioma Case against Appellant had been Proven The appellant company appealed against a decision that they were liable to the widow of an employee who contracted mesothelioma as a result of exposure to asbestos during 24 years working as a welder. He had been empl......

Reclaiming motion: Contributory negligence. The pursuer was awarded decree in his favour subject to a finding of 20% contributory negligence on his part at proof. The defenders reclaimed and argued that the finding of contributory negligence should have been higher. The pursuer was working as a sub......

In a quantification of damages for personal injury, a claimant's decision not to abandon his studies towards a qualification upon which he had embarked could not be characterised as an unreasonable failure to mitigate his loss. Further, Blamire and Smith v Manchester awards were distinct and any aw......

In this Procedure Roll Motion, the defender and third party sought dismissal of the claim brought by the eighth pursuer, on grounds that his claim for non-patrimonial loss for death of his step-child, was excluded by s1(4A) of the Family Law (Scotland) Act 2006, amending the Damages (Scotland) Act ......

Pleural plaques litigation. Pleural plaques caused by negligent exposure to asbestos, which were of themselves insufficiently serious to give rise to a cause of action, did not found a claim in negligence because they carried a risk of subsequent significant injury and gave rise to consequent anxi......

Proof: Quantum. Liability was admitted in this action for damages arising out of a road traffic accident. The pursuer sued for a number of heads of loss including soft tissue back injuries, PTSD, past and future wage loss. The pursuer was repeatedly criticised for being unreliable and incredible on......

Vibration White Finger: Expert evidence & Assessment of Damages: The court gave guidance as to expert medical evidence required to assist in the assessment of damages in claims brought against employers by employees who have suffered from vibration white finger. ......

The Pursuer (aged 24 at Proof) claimed damages following a road traffic accident in which his car was struck by the Defender's car. The Defender admitted liability but quantum was disputed. A Proof took place at which the Pursuer was the only witness. The parties had entered into a Joint Minute......

Recovery of the cost of hiring a replacement vehicle. When assessing damages for the cost of hiring a replacement car following a road traffic accident, the judge had misdirected himself and had erred in holding that a Claimant had failed to mitigate his loss by hiring an equivalent car instead o......

Whilst recognising that an appellate court would only interfere in exceptional cases, the Court of Appeal held that the judge below had taken the wrong approach to the assessment of general damages for pain, suffering and loss of amenity in a case of multiple personal injuries and accordingly it wa......

The pursuer sued for one and a half million pounds in respect of a road traffic accident which occurred on 11 October 2004 when she was twenty nine years of age. The pursuer averred that, as a result of the accident, she required to undergo an above knee amputation. She remained in hospital until 2......

It was held that a committal application alleging a false statement of truth was alleging a public as opposed to a private wrong and that there should be rigorous control of the conduct of such proceedings brought in the public interest. If the application were to be granted there was a high likeli......

Sheriff Court case concerning the competency of service of a calling up notice under the Conveyancing and Feudal Reform (Scotland) Act 1970. After having failed to find Mr Gallagher, Sheriff Officers instructed by Santander, purported to serve the notice on Mr Gallagher by putting it thro......