A Procedural Warning

On 5 November 2014 Lord Boyd issued his Opinion in the case of Robert Moran v Freyssinet Limited (2014 CSOH 173).  The Opinion set out his written reasons for refusing the Defenders’ Motion in a Personal Injuries Action to vary the Timetable to allow the Defenders to lodge a Statement of Valuation.  He had granted the Pursuer’s Motion for Decree restricted to £30,000 (the sum sued for in the Summons). The claim involved exposure to vibratory equipment.  The Pursuer averred … Continued

Another Road Accident & Contributory Negligence

In the case of Russell v NFU Mutual, (2014) CSOH 157 Lady Stacey issued her Opinion on 30 October 2014. On 21 September 2012 Mr Russell, riding his motorcycle, was in collision with a vehicle and trailer. The Defenders were the Insurers of the vehicle driver. Mr Russell came round a bend at 60 mph travelling west. Ahead of him to his right [the north] were two junctions. For access from the main road, both had right turning lanes in … Continued

The Pedestrian, the Bus & Contributory Negligence

Lord Boyd’s Opinion in Kyle Smith v Bluebird Buses Limited 2014 CSOH 75 was issued on 25 April 2014. The Pursuer was a pedestrian and was injured in an accident in Aberdeen when he was struck by a bus driven by an employee of the Defenders. A car was stopped at traffic lights in the eastbound offside lane intending to make a right turn. It was being used as a campaign vehicle in the General Election campaign and had flags … Continued

Fatal Accident Awards

Lady Wise’s Opinion in the case of James Currie and Others v Esure Services Limited 2014 CSOH 34 was issued on 21 February 2014. The Action arose from the death of Gavin Currie. He was a pedestrian and had been killed as a result of an accident on 28 December 2011. Liability was not in issue nor was there any contributory negligence argument. Claims were made by his father and mother, aged respectively 61 and 60 years at the date … Continued