Requiring notice from a party that intended to place reliance on hearsay evidence within an agreed court bundle was undesirable.The court held that in essentially straightforward litigation, where a party intended to place reliance on hearsay evidence, the best option might be to ensure that an opp......

The pursuers (and appellants) were the Child Maintenance and Enforcement Agency. The defender (and respondent) had allegedly failed to make child maintenance payments to the pursuers under a Liability Order dated 21st May 2008. First Instance Proceedings: This was an appeal in a summary applic......

Application requesting the court exercise its discretion under s.19A, Prescription and Limitation (Scotland) Act 1973 after a timeous action for damages in an upper limb claim failed. S. 19A was invoked to a material degree out of the conduct of the pursuer's legal representatives. The court no......

The Appellant submitted that the judge had failed to make findings about what a motorist failed to do or did which constituted a breach of duty after she was found negligent for pulling out from a minor road into a motorcyclist. It was held that the judge had directed herself correctly when she had......

Proof on liability:- The pursuer was the father and guardian of Thomas Brown, who was born on 13 August 1992. On 3 April 2003, Thomas was a pupil at Ladywell School, Motherwell. On that day, he was engaged with 2 other pupils in painting a large sheet of paper on the floor of a classroom. The child......

This case concerned the proper interpretation of s.151(8) of the Road Traffic Act 1988 (RTA 1988) and in particular whether it complied with Council Directive (EEC) 72/166, Council Directive (EEC) 84/5, Council Directive (EEC) 90/232 and Council Directive (EC) 2009/103 ('the European Directives......

No Breach Of Duty By Occupier To Wheelchair User Where Wheelchair Ramp Provided And Steps Visible:The Court of Appeal allowed the appellant company's appeal against a decision that its premises were not reasonably safe for a wheelchair user. The claimant visitor, who had previously used a ramp to t......

The Claimant failed to establish a breach of a duty of care by the Defendant when he slipped on a footpath and sustained injury to his shoulder. The Claimant slipped as he stepped from the pavement onto a forecourt. It was held that the difference between the forecourt and the footpath was somethin......

The Claimant in this case was a young man employed by the Defendant. The Defendant repaired, maintained and fitted out boats. The Defendant had had commissioned and had built a new workshop and warehouse, which had been completed some sixteen months before the Claimant's accident. One feature o......

It had been a correct exercise of discretion not to join coalmining contractors to proposed group litigation between coalminers and the Department of Trade and Industry. ......

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 ("Mr Leggat") sued for damage for personal injuries sustained in a Road Traffic accident on 30 May 2005. Liability was admitted and no question of contributory negligence arose. The proof was accordingly restricted to the issue of quantum. ......

The Claimant had been a dockworker for the Defendants and had unloaded asbestos. He had lung cancer in 2002 that was treated successfully through radiotherapy. He instructed solicitors in 2009 and issued his claim in 2012. It was held that the Claimant did not have actual knowledge of the link betw......

Court awards 80% costs of a strike-out application withdrawn on the day of the hearing It was held that it was right that the costs situation was not the same as if the Defendant had pursued its application and won. Without hearing argument on the substantive claim and dealing with the costs onl......

The failure by a doctor to disclose that he had been refused approval by another strategic health authority when asked to do so in the application form was sufficient grounds to suspend the doctor for one year even where the doctor had been told by one of the panel members who had refused his appro......

Walker J held that a general practitioner had not been negligent in failing to diagnose that a pregnant woman had suffered or may have suffered from a premature rupture of her womb membranes resulting in her baby being born prematurely at home and without medical support and such that he was left w......

Exceptional case of recovering costs as part of damages awarded. It would only be in an exceptional case that costs, ordered to be paid by the claimant to the defendant in the course of a negligence claim by the former against the latter, could be recovered by the claimant from the defendant as ......

The Claimant suffered head injuries in the course of a motorcycle-and-sidecar race. His motorcycle-and-sidecar crashed through a barrier and into an ambulance. He brought an action against the Defendants as the leasehold owner, occupier and operator of the track at which the accident occurred. T......