Items starting with T

King J held that a commercial tenant (D3) and its company director (D2) were both personally liable in negligence and for breach of statutory duties pursuant to the Construction (Health, Safety and Welfare) Regulations 1996 and the Work at Height Regulations 2005 in respect of personal injuries sus......

Solicitors: Although the Defendant firm had admittedly served the incorrect notice in respect of the renewal of a tenancy under the Landlord and Tenant Act 1954, as no compensation had been payable to the actual tenant under the mistakenly served notice, no recovery could be made on that basis. The......

In a claim for accountancy fees for preparation of statutory accounts, the firm agreed a fixed fee subject to the accounts and supporting documents of the company being in good order. They were not. The firm raised a fee invoice based on its standard charge out rates on a time basis. The Court of A......

In the light of the special features of the instant case, despite being identified as the "winner" the claimant would be entitled to only 75 per cent of its costs. ......

Solicitor Has an Interest if a Reasonable Person Thinks it Would Affect Their Advice to the Client: The Court of Appeal held that, for the purposes of Regulation 4 of the Conditional Fee Agreements Regulations 2000, a solicitor had an interest if a reasonable person with knowledge of the relevant f......

A partner whose responsibilities included the notification of potential claims to insurers under the provisions of professional indemnity insurance was required to act with reasonable care and skill judged by an objective standard. The personal belief that a third party claim was spurious was insuf......

The Claimant, who was a litigant in person applied for costs against her landlord in respect of her time preparing an appeal against an award of damages for breach of a repairing covenant. The Claimant had sought costs of over £15,000 for her time and disbursements. The Court held the amount o......

A single judge sitting in the High Court did have jurisdiction to make a committal order for an alleged contempt of court in proceedings commenced in the county court but subsequently transferred to the High Court.The appellant, who had been the original Claimant appealed against a decision that a ......

Court Must Consider Whether Unless Order Still Appropriate in all the Circumstances The Court of Appeal held that, when exercising the power under CPR 3.9 to grant relief from sanctions for failure to comply with an Unless Order, the correct test to be applied was whether the order remained ......

Appeal against, inter alia, an overall costs order, which included amendment costs where the successful party had been granted the amendment and costs of an interim injunction. Held: The general rule is that those who obtain permission to amend are ordered to pay the other parties' costs of......

As the claimants had shown that there was a real risk that any judgments made in their favour would not be satisfied, freezing orders in varying amounts were made against the defendant. ......

Where the foundation of a professional negligence action rested on a challenge of the findings of fact in an earlier case between the protagonist and a third party in which the defendant had participated as a witness and as solicitor for one of the parties then it should be struck out as an abuse ......

The Claimant was diagnosed at birth with pulmonary valve atresia. An infusion was performer to improve the oxygen levels. A further operation was carried out to insert a shunt between the left subclavian artery and the left pulmonary artery thereby passing the closed or near closed pulmonary valve.......

The appellant was injured in playing on a carpet indoor tennis-court due to the type of shoe he was wearing. He sought but was denied damages from the owner of the leisure facility and in 2009 appealed to the Sherriff Principal. In this second appeal, the court of Sessions held that at first ins......

The pursuer and reclaimer had sued for "unlimited damages/solatium including actio iniuriarum" in respect of an article published by the defender and respondent on 11 February 2007 in the Sunday Times Scotland edition, and on two related websites. The court recounted that the pursuer and reclaimer......

Indemnity Costs and Delay. The claimant, in a successful action that should have been commenced in the county court, was not prohibited on the grounds of jurisdiction from recovering the costs he ordinarily would have been awarded, where the actions of the defendant had caused delay in the proceedi......

Consumer Protection Act 1987. The test as to whether a product had a defect under the Consumer Protection Act 1987 was what persons generally were entitled to expect. In the instant case a consumer was generally entitled to expect that a bottle of dishwasher powder that had a child resistant clo......

Following a Proof in a Small Calim action, the Sheriff found in favour of the Pursuer and granted Decree for just under £1,000. He was addressed in the question of expenses and found the Defenders liable to the Pursuer in expenses as assessed in the Summary Cause Scale on the basis that there......

Appeal against strike-out raising the issue of whether an unsuccessful claimant may recover costs against a third party who benefits from the final judgment on the ground of unjust enrichment. The respondent sought summary judgment. Appeal allowed. Application for summary judgment refused. Held:......

Appeal against a wasted costs order against solicitors instructed by a bankrupt claimant granted on the ground that they conducted litigation in the absence of consent by the trustee in bankruptcy. Held: A wasted costs order application may be made orally in the course of any hearing (CPD (CPR P......

Where solicitors were negotiating a compromise and one party made an offer to compromise at a greater figure than that which had previously been offered by the other party but through mistake had not yet been received by the present offeror, there was no duty to advise of the earlier offer. Consequ......

The issue was whether a failure to include a full Statement of Truth in a costs budget breached CPR 3.13. Held: There is nothing in the rules or practice directions which requires any and every failure to comply with the formal requirements for budgets as rendering the budget a ity. Although the......

This appeal to the Sheriff Principal related to a summary application seeking a Sexual Offences Prevention Order against the Defender/Appellant in terms of s104 of the Sexual Offences Act 2003. At an earlier hearing in August 2009, the Defender had not appeared and the Sheriff had decided that......