Blogs & opinions
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Sheriff addresses "confusion" over sanction for counsel
Obtaining sanction for particular work “misconceived”
Two English decisions exclude vicarious liability
Party dancing and religious promotion unconnected with employers
Volenti case must be raised in pleadings, Appeal Court rules
Breach of duty of care necessary for it to apply
No presumption of fault where following driver collides
Driver in front found at fault for unexpected stop
Res ipsa loquitur not a fallback where case not proved
Defender alone had to be aware of cause of accident
What amounts to an actionable injury?
Sensitisation to particular type of substance can: Supreme Court
What is relevant to granting a reponing note?
Should the court test the quality of the failure to appear?
Defective bridge parapet gave rise to duty of care
Scope of duty explained, but driver contributorily negligent
Risky act in jumping balconies was novus actus
Judge properly weighed up level of risk and threat
Third parties' rights against insurers: limiting an exclusion
Liability only excluded if harmful outcome was intended
Instructing expert held not reasonable given issues in case
Sheriff accepts skill of witness, but not need for instruction
Child supervision duty breached in farm gate accident
Inner House holds Lord Ordinary entitled to find for pursuer
Vicarious liability for independent contractor held established
Beauty therapist akin to employee of salon, which exercised control
No precautions held necessary over stone in path
Occupier's liability case fails over likelihood of harm
Counsel: pursuers win sanction in two cases
Guidance provided by Sheriff Appeal Court
Loss of society award: no “tariff” applies
Judge limits award where parties older
Summary decree granted on basis of conviction
Self defence plea had no real prospects of success
QOCS and the dishonesty exception: fair notice?
Court of Appeal upholds finding though no express plea
Contributory negligence: precedents unlikely
Inner House says factors have to be set in context of case
Uninsured employer company – director liable?
Supreme Court finds no basis in Act to impose liability
Catastrophic injury: calculating care costs
Judge chooses model between pursuer's and defenders' experts
A case too complex for sheriff court jury?
Various factors held not to make case unsuitable
A rare case of all the pedestrian's fault
Man who ran out failed to show fault on driver's part
Summary decree refused despite defender's conviction
Court not persuaded of correlation with civil liability