Proof. The pursuer raised an action for damages for personal injuries sustained when he fell off his bicycle. He averred that, as he approached a junction on his left, the first defender was clearly about to pull out of that junction and into the path of the pursuer. In anticipation of that event, ......

An assurance from an orthopaedic surgeon that the surgery would be "well done" was not a material representation that the surgery would achieve a successful outcome and did not indicate that the surgeon was assuming a standard of care higher than would normally be expected. The allegation of neglig......

The claimant had previously been diagnosed with suffering from asbestosis and pleural plaques following exposure to asbestos whilst employed by a number of employers. In 2003 an action against seven of those employers was settled for £26,000. Since then, the claimant had contracted mesotheliom......

The Claimant was misdiagnosed by the Defendant GP. The GP diagnosed that the Claimant had colic when in fact he had meningitis. The Claimant suffered mental and physical disabilities as a consequence. The Claimant brought an action against the GP in negligence. That claim failed at first instanc......

Appeal to the Court of Session under the General Medical Council's Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988:- In April 2007, following an eight day hearing, the panel found the appellant guilty of serious professional misconduct:- "The panel has ......

Dismissal of occupier's liability claim brought by woman who fell from wall after evening out. The Claimant ('C') claimed damages for a head injury she sustained after falling from a wall. The wall was three foot high and surrounded a sunken moat that surrounded a Roman house. Trees ......

Applicability of s.2 of the Occupiers' Liability Act 1957 - a landlord does not owe a duty to his tenant. N.B - the decision may conflict with Alexander v Freshwater Properties available here The Claimant brought an action against her landlord after slipping on the front step of her rented ......

Damages assessing lost chance. Where evidence became available for the first time after the date of the original trial in an action seeking to assess damages for lost chance, unless the evidence related to some entirely new matter which could not have been known about at the date of the original t......

In a Summary Cause action, the Pursuer claimed damages following an incident in which his parked vehicle was struck and damaged by a vehicle driven by the Defender's employee. It was not disputed that the Pursuer needed a replacement vehicle. He hired a vehicle for 19 days at a cost of just under &......

In a low value RTA involving a child, the cost of a psychiatrist's report would be disallowed on the basis that the claimant's representative should have considered what was the most appropriate report to obtain first. C, a six year old child, recovered £1,400 in general damages fol......

Pursuer was prison officer and during the course of his employment he broke up a fight between two inmates. One of the inmates was an intravenous blood user and his blood had covered the pursuers shirt. Some of the blood went into the pursuers mouth and he swallowed it. He underwent tests for AIDS ......

Where a trust had paid the costs of a beneficiary's professional negligence claim, she was entitled to recover the costs from the other party under a settle agreement that included her 'costs' because she had become liable to pay the fees and the indemnity principle was not offended. ......

NHS Trust were in Breach of Manual Handling Regulations The Court of Appeal held that an NHS Trust was in breach of Regulation 4(1)(b)(ii) of the Manual Handling Operations Regulations 1992 for failing to take reasonably practicable steps to reduce the risk of injury to a nurse whilst engaged i......

In the circumstances a contractor's right to supervise the work of a sub-contractor so as to ensure that it was carried out safely imposed a duty of care on the contractor which extended to the safety of the sub-contractor's employees. ......

The pursuer had been an employee of the defenders when she was involved in an accident at work. She sued for her injuries, relying on Regulations 5(1), 12(1) and 12(3) of the Workplace (Health, Safety and Welfare) Regulations 2003. Quantum was agreed in this case; the only outstanding issues before......

Freezing Injunction and enforcement of Undertaking in damages. Where a freezing injunction had been discharged by consent, a court exercising its discretion as to whether to enforce the grantee's undertaking in damages had to determine whether the injunction had been wrongly granted or not, and h......

The pursuers' husband worked for Ayr County Council from 1948 to 1971. As part of his employment as a joiner on council housing projects he was exposed to asbestos, diagnosed with mesothelioma in 2007 and subsequently died of asbestosis. This is a personal injuries action brought against the succes......

On 20 October 2007, the pursuer sustained injury in an accident at work while employed by the defenders as a senior sales assistant at their retail premises at Parkhead Forge, Glasgow. The pursuer fell from a ladder while attempting to retrieve a box from a high shelf in the stockroom of the premis......

Reparation - Proof:- On 12 April 2005 the pursuer was travelling as a passenger on a single decker bus owned and operated by the defenders through the centre of Glasgow. At around 5.30p.m. a bus, also owned and operated by the defenders, collided with the back of the pursuer's stationary bus. As ......

Personal Injury - Proof:- In this action the pursuers sought damages after the first pursuer was knocked down on Princess Street in Edinburgh on 19 October 2003. The pursuers had been out for dinner together on the Sunday evening in question when they crossed Princes Street at its junction with L......

Time-Bar/Personal Injury/Sections 17(2) and 19A, Prescription and Limitation (Scotland) Act 1973/Balance of Equities This case involved a simple application of the time-bar provisions contained in the Prescription and Limitation (Scotland) Act 1973. A preliminary proof on the issue of time-......

The Pursuer (aged 36 at Proof) was injured in March 2007 when the Defender's car collided with the bus on which she was travelling. The Defender admitted liability but quantum was disputed and a Summary Cause Proof took place, at which the only witness was the Pursuer. The terms of an expert m......