Judgment upheld in respect of a finding that each party was equally responsible where car straddled notional white line and motorcycle had been speeding. ......

In a case where a pedestrian had sustained injuries after stepping on an unstable manhole cover located in a shopping street, the highway authority had failed to show by its system of purely visual inspections that it had taken such care as in all the circumstances was reasonably required to secur......

In a family action, the Defender withheld details of her current address. At proof, the Pursuer objected to the non disclosure. When the action was raised, the Defender had admitted the address in the instance in her defences. She later changed her address, but did not provided details of her up to......

MOTOR INSURER NOT LIABLE FOR SEXUAL ASSAULTS COMMITTED BY THEIR INSURED TAXI DRIVER The Claimants (C) were victims of sexual offences committed by the First Defendant (D1), who was a taxi driver. The Second Defendant (D2) was his insurer. C claimed that D2 was liable for injuries they sustaine......

Contributory Negligence. A wife's claim for damages, following the death of her husband through exposure to asbestos was reduced by 20 per cent, as her husband had contributed to his own death by refusing to give up smoking, which also caused the lung cancer that killed him. ......

Employer Liable For Noise-Induced Hearing Loss:The Court of Appeal held that section 29 of the Factories Act 1961 materially added to the employer's common law duty; the obligation under section 29 to ensure that a place of work was safe was absolute, subject to the defence of reasonable practicabi......

Assessment Of Damages For Pain, Suffering And Loss of Amenity For Mesothelioma:-Swift J was required to assess damages for pain, suffering and loss of amenity in respect of the 92 year old Claimant who had contracted mesothelioma following exposure to asbestos dust during the course of his former e......

Several liability of employers for negligent exposure to asbestos. Where employers were liable on the basis that they had negligently exposed an employee to asbestos and thereby created a material risk of mesothelioma which had eventuated, it would be fair that they should be severally liable only......

The Claimant was injured in a trip on the highway. The point which the Court of Appeal had to decide was whether - as contended by the Claimant - if a local authority were in breach of duty in relation to a wider part of the highway which contained the particular defect which caused the Claimant......

Amending Particulars of Claim: The Claimant was permitted to make amendments to the particulars of claim where the amendments did not add new causes of action, but were founded on the same legal and factual basis as the existing claim and the amendments raised matters which were arguable at trial. ......

D performed a U-turn from stationary traffic into the path of C, a following motorcyclist who was intending to overtake him. D was liable because he had failed to ensure that his way was clear before making his manoeuvre. Even though C was travelling too fast, he would not have had time to avoid a ......

The Claimant sought an order for costs against the Defendant following a finding that the road accident in which he had been injured had been caused by the Defendant's negligence. There had been a split trial, with liability determined first. Damages were still to be decided. It was held that t......

The Claimants had been passengers in the Defendant's taxi. It was alleged that they had sought to get out of the taxi and leave the scene without paying. Three of the Claimants' friends had run from the scene and the Defendant started moving his taxi to prevent the Claimants from escaping. ......

Court Of Appeal Upheld Judge's Finding That A Pedestrian Stepping Into Path Of Oncoming Vehicle Was Two-Thirds Responsible For Accident The Court of Appeal dismissed the Claimant's appeal against a decision that he should bear two-thirds of the responsibility for a road traffic accident. The jud......

The pursuer was entitled to bring her personal injury claim in the Court of Session despite its relatively low value. The Rules of the Court of Session Chapter 43 was designed to ensure that such claims were resolved with speed and economy. ......

The Pursuer claimed damages for injuries she suffered in a road traffic accident. Liability was not in dispute but quantum could not be agreed and a Proof took place. At the time of the Proof the Pursuer was 41 years old. She was the only witness to give evidence. On several important points her e......

Caterer At Sikh Wedding Under Duty To Take Reasonable Care Not To Serve Dishes Containing Egg:The Court of Appeal dismissed the appellant caterer's appeal against a decision that he was liable for personal injuries sustained by the deceased, who was allergic to egg and died from anaphylactic shock ......

The Claimant, a former Lance Corporal in the Royal Logistics Corps, sustained a non-freezing cold injury to his feet whilst on military exercise in February 2009. As a result of the injury, his feet were permanently sensitised to the effects of cold weather. His personal injury claim against the MO......