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Reported cases - Court of Session

CASES

Almost all our cases settle out of court for one simple reason - we prepare to go to court.

The  insurance companies know that we are ready to take your case all the way if necessary and if they attempt to block or undervalue your claim they will have a fight on their hands with our team of expert litigators - lawyers with courtroom experience.   

Reported cases are among the most significant actions raised in the Scottish courts in recent years. The reason they are reported is because the cases highlight an important point of law or set a new precedent in legal judgement.

Bonnar Accident Law is a key player in personal injury claims in the Scottish courts and the firm is at the forefront of setting the standard on behalf of hurt and injured people and their families. 

This is a selection of our recent Court of Session actions.   

 

Mhairi  Stainsby on behalf of Dylan Lindsay  v.  Janice Fallon

www.scotcourts.gov.uk/opinions/2010CSIH64.html

This case involved a serious road traffic injury to a child who had unexpectedly stepped off the pavement into the path of a car which was being driven very close to the pavement.

Bonnar Accident Law argued that the actions of children were unpredictable and that a prudent driver would not have driven so close to the pavement. The case went to a jury trial in the Court of Session.

The Lord Ordinary withdrew the case from the jury on the basis that he decided that there was no possible ground of fault. Bonnar Accident Law successfully appealed this decision to the Inner House Appeal Court. The case was remitted for trial before a different judge. In the event it successfully settled in favour of the child.

 

Leanne  Wilson v. Exel UK Limited

www.scotcourts.gov.uk/opinions/2010CSIH35.html

Leanne suffered severe injury after a workmate yanked back her ponytail in a prank which went wrong.

What was basically an assault was carried out by a person who had health and safety responsibilities in the office. We attempted to argue that Leanne’s employers were vicariously liable for his actions. We appealed to the Inner House Court of Appeal.

Unfortunately the appeal was unsuccessful. We do think as a matter of common justice Linda’s claim should have succeeded.  We believe one day that the law one day will develop in that direction. 
 

James Johnstone v. Amec Construction Ltd.

www.scotcourts.gov.uk/opinions/2010CSIH57.html

James was injured after attempting to lift up defective fencing in his capacity as a night watch inspector at a construction site.

James was unsuccessful before the sheriff who thought the accident was his fault. The case was successfully appealed to the Inner House Court of Appeal who held that basic safety precautions had not been put in place by the defenders.

 

Charles Ashbridge v. Christian Salvesen plc

www.scotcourts.gov.uk/opinions/2006CSOH79.html
 
Charles was injured when he came into contact with dangerous chemicals from an acid bath. The case went to proof and Charles was successful.

 

INTERIM DAMAGES

Lisa Smart v. Christopher Lunan

www.scotcourts.gov.uk/opinions/2008CSOH55.html

This case involved a serious road traffic accident to a young woman. 

An award of interim damages was sought to enable proper accommodation to be made available pending the outcome of the full damages action. The facts are contained in the successful interim damages judgement. The case later settled for what is believed to be the largest ever Scottish award for any adult claimant.

 

CURATOR AD LITEM

Eric Wallace as Curator Ad Litem for Ronald Pate v. Stewart Homes and Another

www.scotcourts.gov.uk/opinions/2013CSOH30.html

Ronald was a roofer who fell from height and suffered a serious injury. His case proceeded in terms of the Work at Height Regulations 2005 and he was successful after a full hearing. 

 

Catherine McGhee and Others  v. RJK Buidling Services

www.scotcourts.gov.uk/opinions/2013CSOH10.html

The pursuers were the family of the late Peter McGhee who died after a fall in his home in July 2009.  The court held that a cause of the accident was the negligent installation of handrails.  To view the family's video testimonial click here.

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