Claim Failed Against Asbestos Removal Contractor:Foskett J dismissed a claim in negligence against an asbestos removal contractor on the grounds that it was known to the Claimant that, in respect of both the original removal method and revised sealed method employed, not all of the asbestos would b......

Employer Must Expressly or Impliedly Permit the Use of “Work Equipment”:The Court of Appeal held that a piece of scrap metal that a lorry driver used as a makeshift scraping tool in the course of his work duties did not amount to “work equipment” for the purposes of Regulati......

The Appellant had worked as a catering manager at a prison run by the Respondent. This job included supervising prisoners who worked in the prison kitchen. One prisoner had dropped a sack of food causing a spillage. The Appellant had instructed all the prisoners to stop working while the spillage w......

Asbestosis. A trial judge was entitled to find that the respondent was exposed to dust containing asbestos fibres through the negligence of the appellant, which caused the respondent personal injury. ......

The pursuer sought damages of £550,000 from the from the Chief Constable of Strathclyde Police and from the Scottish Ministers, the latter being responsible for the acts and omissions of the Scottish Prison Service. It was averred that on 12 November 2007, while employed as a prison officer at......

On 11 August 2000 the pursuer sustained an accident in the course of his employment with the defenders.The pursuer alleged that whilst he was cleaning gutters he fell through a roof and the accident was caused by the defenders' breach of the duties contained in regulations 5, 6 and 7 of the Constru......

The pursuer was involved in a road traffic accident with the defender's insured on 22nd July 2009 in Dalkeith. The parties agreed that the accident was caused by the fault and negligence of the defenders' insured. They also agreed upon the value for services rendered by the pursuer's wife (£10......

Personal Injury damages disregarded in considering statutory duties to meet care needs. A local authority was obliged, in determining whether it was necessary for it to meet a claimant's care needs under the National Assistance Act 1948 s.29 and the Chronically Sick and Disabled Persons Act 1970 s......

A finding of contributory negligence in a personal injury claim was set aside where the judge had based his finding on an allegation of negligence that had not been pleaded or argued at trial. ......

The Claimant was cycling along a residential road when he suddenly swerved, lost control of his bicycle and sustained injuries to his skull and arm. He had no memory of the incident. The Claimant's cycling partner inspected the road after the accident and found a long, linear defect in the road......

A master was fully justified in not ordering a split trial where there was an overlap on the issues of liability and quantumIt was held that the master had in mind the nature of the accident and the need for one judge to look at the whole matter when determining there should not be a split trial in......

Personal Injury - Proof Before Answer:- On 17 June 1999 the pursuer was the pillion passenger on a motor cycle being driven by is friend, the first defender, who was uninsured. The motor cyle collided with a motor car being driven by a 67 year old man, the second defender. Due to the first defend......

The Pursuer was formally a soldier in a Scottish regiment He was subsequently medically discharged due to a dermatological problem. The Pursuer claimed that he was suffering from mycosis fungoides which started during his term in the forces. He claimed it was due to his exposure to chemicals which ......

In cases of harassment under the Protection from Harassment Act 1997 the claimant had to prove a course of conduct by either an individual employee or a group of employees in order to establish the primary liability for which the employer would be vicariously liable. ......

Proof: Damages (Scotland) Act 2011 :Section 4(3)(b)(ii) and (iii): the pursuer brought an action for damages arising out of his mother's death when her car left a road on a bend and she was killed. The accident happened shortly before 6am. Temperatures had been low. The Defenders were responsib......

Athlete's Coach Not Liable For Personal Injuries Which On Balance Of Probabilities Had Been Sustained Prior To Relevant Time Alleged:Owen J dismissed the Claimant athlete's claim for damages for personal injuries and loss in respect of vertebral stress fractures alleged to have been sustained durin......

Proof: Personal Injuries: Liability not in dispute; proof on quantum. The pursuer suffered injury when, in the course of his employment, a heavy cutting machine fell on top of him. The pursuer was trapped in a bent over position. The weight of the machine caused an unusual low velocity, high torque......

Outer House case relating to a personal guarantee granted by Mr Kipling to Dunbar Bank. The bank issued a charge for the payment of over £1m on Mr Kipling on the basis of the guarantee. Mr Kipling argued amongst other things that he was not liable to pay as the bank had agreed to waive i......

Here the pursuer sought an additional fee in terms of rule 42.14(a), (b) and (e) of the Rules of the Court of Session 1994. As to head (a), "the complexity of the cause and the number, difficulty or novelty of the questions raised", the issue of complexity was centred on the medical consequences of......

In April 2004, the pursuer purchased a bicycle from the defenders by mail order. On or about 9 April 2004, the Pursuer was out cycling alone on the bike when he was involved in an accident. On or around the following, the pursuer and his father took the bike to North Ayrshire Cycles to be inspected......

Procedure Roll:- On 6 March 2009 the judge here issued an oral decision following a debate on the pursuer's pleadings. At the behest of the first defenders a written opinion was issued. The debate only proceeded in relation to the first preliminary plea of the first defenders. The case was raised......

This cause was remitted from Perth Sheriff Court and raised important questions concerning the Community Care and Health (Scotland) Act 2002. It was submitted on behalf of the pursuer that a range of services provided by the defenders to him and to his late wife should have been provided free of ......