The Claimant was a British citizen but had been rendered tetraplegic in a road traffic accident (RTA) while on holiday in Australia. The car was driven by the First Defendant and insured by the Second Defendant. The First Defendant was Japanese and the Second Defendant was registered in Australia. ......

The only challenge made by the reclaimers is in relation to the Lord Ordinarys acceptance of one of the witnesses who the reclaimers submit had been wrong in her testimony and as such she should have been deemed to be an unreliable witness. ......

Exemplary Damages. The acts of a police officer in physically restraining the appellant, handcuffing her, procuring her detention and giving false evidence in an attempt to secure her conviction could be capable of supporting a finding that he had behaved in an oppressive, arbitrary and unconsti......

Proof - Reparation:- On 24 May 2003 the pursuer was visiting her friend who rented her home from the defenders. Whilst trying to open a window the pursuer's hands slipped and they went through the glass. She blamed the defenders for the accident and sought damages for the injuries she sustained. Pr......

A Bangladeshi suffering from arsenical poisoning had no reasonable prospect of success in an action against the Natural Environment Research Council for negligence arising from a geological report that, according to him, had induced the health authorities in Bangladesh not to take steps that would ......

The Court of Appeal allowed the Respondent rugby club's appeal against a decision that it was liable for the personal injuries sustained by the respondent/claimant rugby player during a training session on its pitch. As to the duty of care owed, the Court of Appeal held that a rugby club owed rugby......

Building Contractor And Subcontractor Liable For Personal Injuries Sustained By Claimant Slipping On Mud Near Building Site:Foskett J held that a subcontractor with responsibility for ground-works on a building site was liable for personal injuries sustained by the claimant who had slipped on mud n......

Foskett J held that a subcontractor with responsibility for ground-works on a building site was liable for personal injuries sustained by the claimant who had slipped on mud near to the site due to the failure to implement an effective system to ensure that the footway was kept clear of mud. Fosket......

No adjournment of a trial in circumstances where there was sufficient time for expert witnesses to prepare joint statements prior to the trial commencing. An application was made three weeks before the commencement of the trial window to vacate it on the basis that there was insufficient time fo......

Civil Evidence and Professional Negligence: The Court held that the trial judge had been entitled to conclude on the basis of the evidence and his assessment of the credibility of the witnesses that there had been no breach of duty by a firm of solicitors in respect of the advice which they had giv......

King J held that a commercial tenant (D3) and its company director (D2) were both personally liable in negligence and for breach of statutory duties pursuant to the Construction (Health, Safety and Welfare) Regulations 1996 and the Work at Height Regulations 2005 in respect of personal injuries sus......

Solicitors: Although the Defendant firm had admittedly served the incorrect notice in respect of the renewal of a tenancy under the Landlord and Tenant Act 1954, as no compensation had been payable to the actual tenant under the mistakenly served notice, no recovery could be made on that basis. The......

A single judge sitting in the High Court did have jurisdiction to make a committal order for an alleged contempt of court in proceedings commenced in the county court but subsequently transferred to the High Court.The appellant, who had been the original Claimant appealed against a decision that a ......

Court Must Consider Whether Unless Order Still Appropriate in all the Circumstances The Court of Appeal held that, when exercising the power under CPR 3.9 to grant relief from sanctions for failure to comply with an Unless Order, the correct test to be applied was whether the order remained ......

The Claimant was diagnosed at birth with pulmonary valve atresia. An infusion was performer to improve the oxygen levels. A further operation was carried out to insert a shunt between the left subclavian artery and the left pulmonary artery thereby passing the closed or near closed pulmonary valve.......

The appellant was injured in playing on a carpet indoor tennis-court due to the type of shoe he was wearing. He sought but was denied damages from the owner of the leisure facility and in 2009 appealed to the Sherriff Principal. In this second appeal, the court of Sessions held that at first ins......

The pursuer and reclaimer had sued for "unlimited damages/solatium including actio iniuriarum" in respect of an article published by the defender and respondent on 11 February 2007 in the Sunday Times Scotland edition, and on two related websites. The court recounted that the pursuer and reclaimer......

Consumer Protection Act 1987. The test as to whether a product had a defect under the Consumer Protection Act 1987 was what persons generally were entitled to expect. In the instant case a consumer was generally entitled to expect that a bottle of dishwasher powder that had a child resistant clo......

Following a Proof in a Small Calim action, the Sheriff found in favour of the Pursuer and granted Decree for just under £1,000. He was addressed in the question of expenses and found the Defenders liable to the Pursuer in expenses as assessed in the Summary Cause Scale on the basis that there......

This appeal to the Sheriff Principal related to a summary application seeking a Sexual Offences Prevention Order against the Defender/Appellant in terms of s104 of the Sexual Offences Act 2003. At an earlier hearing in August 2009, the Defender had not appeared and the Sheriff had decided that......

A solicitors' firm did not owe a general implied duty under its retainer to seek the instructions of a committee, which had been established to negotiate licences of media rights, as to a bidder's solvency or as to whether requests were to be made for parent company guarantees. However, the firm ha......

Whether Degree Of Risk Of Activity Acceptable Is A Question Of Judgment, Degree And Fact:The Court of Appeal held that in determining whether the social value of an activity was such that it carried an acceptable degree of risk was a question of judgment, degree and fact. This question had to be de......

In this action the Pursuer sought damages for injuries sustained in a road traffic accident on 9 June 2002 when she was the front seat passenger in a motor vehicle being driven by her husband which was involved in a head on collision with another vehicle. Liability to make reparation was admitted b......

Proof:- The pursuer was employed as a painter in the shipyards by the first defenders between 1959 and 1969 and by the second defenders between 1970 and 1973 when he was exposed to asbestos dust causing mesothelioma. In this action the pursuer sought damages for personal injury in respect of the ......