Skidding; a defender’s burden

In the recent case of Nina Kennedy & Others v Veronica McKenzie [2017 CSOH 118] the question of negligence following a skid was once again considered. The action arose following an accident in August 2013 and was brought by the surviving relatives of the deceased, Vincent Kennedy who had been a front seat passenger in a vehicle driven by the Defender, Veronica McKenzie who was his partner. As the Defender drove west towards Oban along the A85 she lost control … Continued

Pursuer’s Offer; Friend or Foe?

Legislation brought forward on 2 March 2017 amended both the Court of Session and Sheriff Court Rules, inserting into those Rules a formal system of Pursuers’ Offers. For a limited period of time Pursuers’ Offers did form part of the Rules of the Court of Session but these rules were revoked in 1996 and have only now been re-introduced in their current form. The recent amendment has meant that since 3 April 2017 Pursuers have been able to put forward … Continued

Earphone wearing cyclist fails in damages claim

A Sheriff has held a cyclist was entirely to blame for her own accident following a collision with a bus in Glasgow in 2014. In Roksanan Gajdamowicz v First Glasgow Limited & Anr [2017] SC EDIN 43 a Sheriff absolved both the bus company and bus driver from liability and held the accident was caused by the sole fault of the Pursuer. Quantum in the case had been agreed at £30,000 inclusive of interest to the date of Proof and … Continued

Funding civil litigation – change on the horizon

The Scottish Parliament has recently published the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill taking forward Scottish Government proposals to change the way civil litigation is funded. This follows on from Sheriff Principal Taylor’s Review of Expenses and Funding of Civil Litigation in Scotland in 2013. The principal policy behind the Bill is to “increase access to justice by creating a more accessible, affordable and equitable civil justice system”. The Bill seeks to make the costs of civil actions … Continued