Items starting with S

In this action S. sought damages on behalf of her son, J. in respect of negligence in the management of the delivery of J. J. who is now 9 years of age suffers from cerebral palsy and is severely disabled. The action was settled extra-judicially on the basis of payment to the pursuer of a sum of ......

Whilst recognising that an appellate court would only interfere in exceptional cases, the Court of Appeal held that the judge below had taken the wrong approach to the assessment of general damages for pain, suffering and loss of amenity in a case of multiple personal injuries and accordingly it wa......

Following a judgment refusing permission to appeal, the court noticed a procedural irregularity and requested submissions on whether the effect of an order stating that the appellant, a third party, was liable for costs 'in accordance with the default costs certificate' issued against the c......

It was held that although the judicial review proceedings which were the subject of the claim for costs had become academic, the Claimant was still entitled to her costs of issuing those proceedings because at the time when those proceedings were issued the Claimant had a good grounds for seeking r......

The pursuer sued for one and a half million pounds in respect of a road traffic accident which occurred on 11 October 2004 when she was twenty nine years of age. The pursuer averred that, as a result of the accident, she required to undergo an above knee amputation. She remained in hospital until 2......

It was held that a committal application alleging a false statement of truth was alleging a public as opposed to a private wrong and that there should be rigorous control of the conduct of such proceedings brought in the public interest. If the application were to be granted there was a high likeli......

Low value RTA claim settled under the terms of a Part 36 offer, the costs were to be assessed under CPR 45 Part II rather than on the standard basis.The appellants, who had been claimants in low-value road traffic accident claims, appealed against decisions to award costs in accordance with Part 45......

In this action, the pursuers (who were the successors to the rights and claims of Girobank plc) sued the defenders for breach of contract. The defenders were chartered surveyors, who had provided Girobank with a valuation report in respect of certain properties in October 2001. The pursuers argued ......

Sheriff Court case concerning the competency of service of a calling up notice under the Conveyancing and Feudal Reform (Scotland) Act 1970. After having failed to find Mr Gallagher, Sheriff Officers instructed by Santander, purported to serve the notice on Mr Gallagher by putting it thro......

Proof:- On 20 January 2003 the pursuer, a teacher, was driving her motor car northwards on the A77, as she made her way to work, when she was involved in a serious road traffic accident. A lorry came out of a lay-by and the pursuer moved into the offside lane to avoid it, braked, and as she did s......

The applicant appealed against a DJ's decision not to allow him to withdraw an admission he had made that he was indebted to the respondent bank. At first instance the judge had ordered that unless he executed a charge over his flat, judgment would be entered against him for the admitted amount. Th......

On the evidence, the psychiatric injury suffered by an employee had not been reasonably foreseeable to the local authority employer and there had been no justification for imposing a cause of action for breach of statutory duty in respect of the Working Time Regulations 1998 reg.4. ......

The Claimant wished to bring a claim for damage to his hearing suffered in the course of his employment as a gardener. He appealed against the decision of a Circuit Judge not to permit the claim to proceed on the basis that it was outside the limitation period; and the Circuit Judge's refusal t......

Application for an extension of time and relief from the sanction of strike out for failure to comply with orders for security for costs. A subsequent application for variation or revocation was not before the court. Held: When considering an application for an extension of time in a case of an......

Unsuccessful claimants sought a general discount to reflect points lost by the defendants and challenged items claimed on the defendants' cost schedule. Held: A defendant, which has no choice but to defend itself, should not be penalised in costs when points aid the Court in the overall mean......

In assessing quantum where the second defendant had been in breach of duty and not advised the potential purchaser of the planning implications of a property being divided and inhabited by two parties on sale, issues arose as to the assessment of quantum. The correct method of assessment was the no......

The proposition that a surveyor owed a duty of care to a mortgagor to prepare his or her valuation report with skill and care did not extend to a purchaser of a buy-to-let property. ......