Manual Handling Operations Regulations 1992 reg.4. Whilst the judge had been right to hold that an employer had breached the Manual Handling Operations Regulations 1992 reg.4 as it had not given an employee training on how to carry heavy loads over uneven surfaces, the apportionment of damages had......

Company Not Vicariously Liable Where Claimant Authorised Defendant's Employee to Use Car:Ouseley J. held that on the evidence it was not remotely likely that the Defendant would have given the son of the Claimant's fellow employee permission to drive its car. The Claimant had acted out of character......

An action for damages for personal injury sustained by Smith when subcontracted by Strang Ltd to carry out fencing works. Although primary liability was admitted by Strang Ltd, the parties disputed that circumstances in which the accident occurred, including the issue of contributory negligence and......

Arguable that Police Owed Death Threats Victim Duty of Care:The Court of Appeal found that the judge below had been incorrect to strike out the Appellant's claim in negligence against the Chief Constable. The Appellant had been attacked by a former partner, in respect of whom the Police had been gi......

Griffith Williams J. held that, although there was no legal compulsion for cyclists to wear helmets, there was no doubt that a failure to wear a helmet might expose a cyclist to a greater risk of injury; the situation was directly analogous to the failure of a car-user to wear a seat-belt. How......

The Court of Appeal held that the judge had been entitled to adopt an acceleration approach as to the assessment of the claimant's back injury and damages to be awarded thereof. The claimant's expert's opinion was that there was no reason to suggest that the claimant would have suffered a similar d......

Rugby referee found liable for injuries caused as a result of a scrum collapsing. The defendant had invited the judge to say that nothing short of reckless disregard for the claimant's safety would suffice to establish a breach of the duty which the referee admittedly owed to the player. The cour......

The Pursuers/Appellants raised an action for interdict. Interim interdict was granted pre service and a hearing was then assigned. Both the Pursuers and the Defender were represented at that hearing, at which the Sheriff continued the interim interdict previously granted. The Defender/Appellant t......

Roth J held that that the Applicant company was entitled to permission to amend its defence to a contractual claim brought by the Respondent local authority. A consent order had previously been made as between the parties, however a further issue remained disputed and as such, the Applicant applied......

Employer Liable For Second Accident Of Former Employee Suffered Several Years After First Accident At Work:The Court of Appeal upheld the Judge's decision that the Appellant employer was liable for the injuries sustained by its former employee in a second accident which occurred several years after......

In 2003, the pursuer was employed as a mechanical technician by Kellogg Brown and Root Ltd (“KBR”), then a subsidiary of Halliburton which supplies services to the offshore oil industry. KBR contracted to supply workers to operate the Tartan Alpha platform in the Scottish sector of the ......

Interim Payment Applications. The determination of the amount of an interim payment had to be in accordance with CPR r.25.7(4) rather than by consideration of the purpose for which the payment was sought. ......

Where a local authority provides services pursuant to its obligations under section 2 of the Chronically Sick and Disabled Persons Act 1970 by exercising functions under section 17 of the Children Act 1989, the provision of those services is subject to rights to charge which are conferred by sectio......

Under CPR Part 35 there were circumstances in which a party dissatisfied with an amended opinion from their expert after the experts' discussion could obtain permission to rely on evidence adduced from an additional expert. ......

The Pursuer in this case sought equitable discretion under s.19 of the Prescription and Limitation (Scotland) Act 1973 to bring an action for damages resulting from medical negligence following the expiry of the three year time bar under s.17 if the Act. The court dismissed the action.Lady Smith he......

16 Year Old Passenger Not Wearing Seat Belt Not Guilty Of Contributory Negligence:The Court of Appeal upheld the trial judge's decision that a 16 year old front seat passenger who had sustained serious brain damage in a road traffic accident had not been contributorily negligent, notwithstanding th......

Claimant Could Not Recover Cost to Defendant of Offer that Extinguished Hire Claim:Judge Jones QC in Dudley County Court held on appeal that the Claimant had failed to mitigate by not accepting a reasonable offer of a replacement car from the Defendant's insurers. Disagreeing with the decision at t......

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 sought damages for injuries sustained by him in the course of his employment at the defender's paper mill. In January 2009, the pursuer's right arm was drawn into machinery, which latterly required the surgical amputation of this limb to the elbow, preventing him from being able to cont......

Damages - Solatium - Muscle strain in neck and backache - Whether appropriate to value Solatium on basis of whiplash injury The Pursuer, a mechanical engineer aged 25 at Proof, was injured in a road traffic accident. Liability was admitted but quantum was in dispute. The Pursuer experienced im......

The pursuer was injured following an accident and work. He pleaded fault under the Construction (Health Safety and Welfare) Regulations 1996 ("the Construction Regulations") and the Provision and Use of Work Equipment Regulations 1998 ("the Work Equipment Regulations"). At proof the Lord Ordinary c......

Primary Factual Evidence More Important Than Accident Reconstruction Evidence:Coulson J. held that although cases such as the instant case often featured the evidence of accident reconstruction experts, and there was no doubt that their expertise could sometimes be of considerable assistance, it wa......

Judicature (Civil Procedure Code) Law (Jamacia): The Supreme Court of Jamaica was not deprived of jurisdiction to set aside a judgment in default of defence under s.258 of the Judicature (Civil Procedure Code) Law (Jamaica), even though damages had been subsequently assessed and a final judgment ha......