Absolvitor upheld in tripping case

In the recent Court of Session Opinion in the case of Iain Pocock v Highland Council [2017] CSIH76, the Inner House (Appeal Court) upheld the Decision of the Lord Ordinary rejecting the Pursuer’s Grounds of Appeal and upholding the absolvitor (ie. the Defenders were absolved from any liability). The case originally came before the Outer House in relation to a tripping accident involving Mr Pocock in February 2012. The Pursuer sought damages for an injury to his knee after tripping … Continued

Cross border developments; future surrogacy costs as a head of claim

The recent case of XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) is the first time the Court has allowed the cost of future surrogacy arrangements as a head of claim in a Personal Injury Action. Although this is an English case heard by Judge Sir Robert Nelson in the High Court of Justice Queen’s Bench Division the legislation considered, namely the Human Fertilisation & Embryology Act 2008, applies to the UK as a whole and fertility law … Continued

Sanction for Counsel – a further update

Another recent case in the National Personal Injury Court has demonstrated again how the issue of sanction for Counsel continues to be a contentious one between parties. The unreported case of Abie McCracken v Piotr Kazanowski came before Sheriff Kenneth McGowan as an Opposed Motion for Decree in terms of a Minute of Tender and Acceptance thereof. Opposition was restricted to two grounds, namely sanction of Junior Counsel as well as the delay in acceptance of the Tender. The case … Continued

Litigating for expenses; a lose/lose situation

In the recent case of Dorota Tomczak v Nicolas Reid [2017] SC Edin 63 Sheriff Kenneth G McGowan gave a clear indication of how the All-Scotland Personal Injury Court (ASPIC) would deal with cases raised solely to resolve a dispute on expenses. The case arose out of a straightforward road traffic accident. Liability was admitted by the Defender pre-litigation and the claim proceeded in terms of the Voluntary Pre-Action Protocol for Scotland (VPAP). Prior to litigation, negotiation took place and … Continued