Professional Negligence

In assessing the issue of causation in a clinical negligence claim, a timely diagnosis of a malignant melanoma in the claimant's groin would not have increased the changes of disease-free survival, but it would have increased life expectancy by three years. ......

Duty of Care: The subject of an investigation into suspected child abuse could not recover damages against the investigating health authority of that investigation was carried out in good faith but carelessly. The duty of care was different to that owed to the children by the health authorit......

Limitation. In cases where a claim was struck out, the date of accrual of the cause of action was the date upon which the damage was incurred which for the majority of cases would be before the case was actually struck out. The retention of papers by solicitors under a valid lien did not give ris......

Proof:- In this action the pursuer sought damages for losses said to have been sustained by him as a result of medical negligence following his admssion to hospital on 22 April 2002 following a complaint of abdominal pains. He underwent a number of operations at Crosshouse Hospital in Kilmarnock ......

Where a party's appeal depended on raising a new legal argument on appeal it would not be permitted. The fact that a party may be compensated in costs is not sufficient. ......

Investment Advice. Springwell alleged that as a result of poor investment advice from Chase, their investment portfolio had declined by some US$280 million. Springwell allege that Chase knew that they intended to use the profits on the portfolio to expand and refurbish their related shipping flee......

Where a case raises different issues, one of which would if tried alone result in the exclusive jurisdiction of the court of the domicile of the company the question for the Court is whether the proceedings are in substance or principally concerned with a decision of the organ of the company by ta......

Proof:- The pursuer underwent a hysterectomy in December 1994 and thereafter developed symptoms of incontinence, for which she received extensive medical treatment. On 26 August 1999 in the course of an operation she suffered serious blood loss, which ceased only after pelvic vessel embolisation ......

Local Authority: The Claimant was allowed to argue at trial that the local authority owed him a duty in respect of its after-care services after providing him with care in the community even though the case was fraught with difficulties because the law was still developing and the decision in Cluni......

Barrister: A personal injury claim for mental distress against a barrister arising out of an alleged failure to introduce good character evidence in a criminal trial some nine years ago court was time barred. The judge should not have extended the limitation period under s. 33 of the Limitation Act......

Third appeal against a decision of a National Health Service Tribunal to disqualify the appellant from inclusion in the respondents' list of medical practitioners and ophthalmic opticians, on the ground that the Tribunal were wrong to disqualify him unconditionally. The appellant submitted, int......

Although the patent agent should have advised that there was a possibility of filing an application for a Canadian patent after the deadline on payment of a penalty that failure caused no loss because the claimant would not have made any such application. ......

Outer House case concerning the damages payable as a result of a solicitor's professional negligence. VMH LLP advised Kirkton in relation to the purchase of a site at 144 to 148 Slateford Road in Edinburgh in 2005 from HBJ 590. The site had the benefit of conditional planning permission fo......

Effect of Human Rights Act 1998 and ECHR 1950 Art 8 and the principle in JD v East Berkshire Community NHS Trust (2005) UKHL 23, (2005) 2 AC 373. The policy consideration underlying the principle in JD v East Berkshire Community NHS Trust (2005) UKHL 23 , (2005) 2 AC 373, that doctors or social w......

The alleged failure to advise an administrator of an estate that if he made a distribution from the estate that he would be potentially liable to any claim of which he had notice before the distribution constituted damage for the purposes of the Limitation Act 1980 from the moment of the distributi......

Limitation Period In Professional Negligence Claim Ran From The Date Of Payment Out Of The Estate's Account The Court of Appeal held that the personal representative's professional negligence claim had been bought out of time in circumstances where it had been issued more than 6 years after......

Solicitors acting in a professional negligence action in a claim against their client's former accountants were said to have provided excessively cautious advice leading to too low a settlement. The solicitors' defence was that they had relied on leading counsel's advice and counterclai......

In cases of child protection, social workers did not owe a duty of care to the parents of children wrongfully taken in to care. Such a duty of care could conflict with the primary duty owed to the children. The right to freedom from interference with family life under the Human Rights Act did not ......