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

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

Motion on fundamental dishonesty refused

A Defender’s attempt to have a Personal Injury Claim dismissed because of the Pursuer’s fundamental dishonesty was refused by a Judge in a recent Court of Session Action. In Grant Grubb v John Finlay [2017] CSOH 81 Mr Grubb raised a Personal Injury Action arising from a collision between his and another motor vehicle on a forecourt of a Tesco Petrol Station in Dundee. The Defender admitted liability but disputed the injury claim. Lord Kinclaven hearing the case refused the … Continued

Compulsory Pre-Action Protocol for Scotland

Pre-litigation procedure for personal injury compensation claims is set to change in Scotland. A Compulsory Pre-Action Protocol is to be introduced for personal injury claims with a value of up to £25,000 for accidents occurring on or after the 28th November 2016. The protocol will not apply to clinical negligence, professional negligence or disease claims and will also not apply if the claimant is not represented by a solicitor during the stages of the Protocol. The aim of the Protocol … Continued