The Claimant claimed damages for sexual abuse suffered while he was resident at one of the Defendant's (D) children' homes in the 1950s. The abuse was perpetrated by the son of the houseparents (B). The Claimant issued against B himself and against D. The question was whether D was vicariously liab......

The pursuer sought damages from the defenders in respect of an incident at their premises on 18 February 2005, when she fell from one of their horses and sustained a cross fracture of one of her thoracic vertebrae, and according to her, a mild brain injury. The pursuer submitted that prior to her ......

A referee of an adult amateur rugby match owed a duty of care to the players to take reasonable care for their safety when carrying out his refereeing duties and his breach of that duty caused the claimant's injury ......

Interim Payment Application:The court exercised its discretion and granted an application for an interim payment of £850,000 in an action for damages for personal injury. ......

Confidentiality Assurances not absolute. Assurances of confidentiality of medical records given to patients by the General Medical Council when it was investigating serious criticisms of a doctor could not be regarded as absolute, since, as well as being subject to the Civil Procedure Rules 1998 a......

The Highway Code and Contributory Negligence. Judge Mackie QC held that a breach of the Highway Code, if established, did not create a presumption of negligence, but was merely a factor to be taken into account when considering the issue. The defendant adduced evidence that suggested that the clai......

The applicant appealed following the striking out of his claim for breach of an Unless Order. The CA held that the judge was not wrong in failing to go through each of the factors set out in r.3.9 and ticking them off and assigning them to one side of the balance or the other. Too rigorous an appro......

The Claimant was injured in a road traffic accident whilst on holiday in France. He suffered severe injuries as a consequence. The Claimant returned home and issued against the French driver's insurer. The Claimant wished to adduce accountancy and employment evidence in support of his claim for......

The claimant in this matter suffered catastrophic injuries in a road traffic accident and came substantially to a settlement with the defendant's motor insurer. The settlement included provision for periodical payments. Two issues remained between the parties. Firstly, the defendant insurer wan......

Court not bound to particular conclusion by expert evidence: In the context of an assessment of damages, a judge had not erred in reaching the conclusion that a reduction in a Claimant's working week was due to her personal injuries rather than personal choice, where evidence had been adduced from ......

The Defenders/Appellants appealed against the Sheriff's decision to refuse their Reponing Note in an action raised against them under the Conveyancing & Feudal Reform (Sc) Act 1970. The Pursuers/Respondents wished to repossess the Defenders' property. Decree in absence had been granted again......

The Claimants were firefighters and police officers who were attending a fire when a steel shipping container filled with fireworks exploded. Two of the Claimants died and the rest were injured. Summary judgment had been obtained against the First Defendant, the owner of the site at which the firew......

There was no contract, and it was not necessary to imply one, under which an orthopaedic surgeon owed a duty to a football club to advise the club in respect of his treatment of one its players and about its financial affairs, and the surgeon owed no duty of care in tort in respect of any foreseeab......

The Pursuers/Respondents raised an action for recovery of possession of heritable property and obtained Decree in absence against the Defender/Appellant. A Minute for Recall of the Decree was lodged on the Defender's behalf in terms of Rule 24.1 of the Summary Cause Rules 2002. The Defender did n......

The Respondent was a nine year old boy who was injured at a school run by the Appellant. The Respondent had attempted to punch his brother but had missed and punched a water fountain, lacerating his thumb and damaging the tendons in his hand. At first instance the trial judge had found that the App......

The Court of Appeal held that the trial judge had been entitled to find the relevant highway in breach of its obligations under section 41 of the Highways Act 1980, in that a difference in height, a drop off of 6 to 12 inches, between a carriageway and verge, rendered a highway not reasonably safe ......

It was held that a former soldier who had suffered PTSD following an incident which occurred whilst he was on a tour of duty should be compensated for the degree to which his symptoms would have been ameliorated if he had been referred to the medical officer and had received treatment. However, he ......

Court of Appeal found No Reason to Interfere with Judge's Apportionment of Liability:The Appellant appealed against a decision that he was 40% responsible for a collision with a motorcyclist who had been travelling too close behind at an excessive speed; the Appellant had stopped due to a tyre blow......

Employers' Liability & Health & Safety at Work. For the purposes of the Social Security (Prescribed Diseases) Regulations 1985 Sch.1 para 1 A11(c) a "metal working tool" was a tool that worked metal and was not a tool that worked with metal. ......