Cross border contention: Fagg v Omniasig Vienna Insurance Group SA

Foreign jurisdiction cases continue to cause headaches for Practitioners both north and south of the border and in this context an English Court decision is worth noting by Scottish Practitioners. The case of Mark Fagg v Omniasig Vienna Insurance Group SA came before His Honour Judge Simpkiss at Medway County Court on 20 February 2017. This was an Appeal against the refusal of Deputy District Judge Rahman to allow the Appellant’s Application to strike out the claim on the grounds … Continued

Occupiers’ liability – a dangerous path for pursuers?

The recent case of Louise McKevitt v National Trust for Scotland [2018] SC Edin 20 demonstrates the difficulties Pursuers can face in proving their case under the Occupiers Liability (Scotland) Act 1960 even when it’s accepted a danger was present. The case came before Sheriff Kenneth McGowan in the All-Scotland Personal Injury Court in Edinburgh and related to a claim for damages made by the Pursuer following an accident at Geilston Gardens in Dumbarton.  The Defenders were sued as the … Continued

Case Study – Louise Stark v Lothian NHS Board

In the recent case of Louise Stark v Lothian NHS Board (2018) SC EDIN 7 the All-Scotland Personal Injury Court was asked to consider the duties to be imposed on the Defenders in relation to an alleged assault on the Pursuer in the course of her employment.   The Pursuer was employed at the material time by the Defender as a Staff Nurse and was providing a therapeutic art session to a patient, AB who suffered from learning disabilities and … Continued

A bike, a boat and contributory negligence

GRAHAM JOHN DALY v (FIRST) DAVID HEEPS & (SECOND) MARKERSTUDY LTD [2018] SC EDIN 01 In this recent case the All-Scotland Personal Injury Court was asked to consider who was at fault for an accident involving a cyclist and a driver. The Pursuer had been participating in a 10 mile cycling event which had taken the format of a team time trial. The First Defender was the driver of a motor vehicle involved in a collision with the Pursuer and … Continued