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A prisoner subject to an order for lifelong restriction (OLR) who claimed his human rights had been breached because he had not been given a “reasonable opportunity” to demonstrate that his continued imprisonment was “no longer necessary for the protection of the public” has had his claim fo

A nurse who broke her wrist and later developed a debilitating health condition after slipping on a wet hospital floor has been awarded almost £50,000 damages. Kathleen Ann McLeish, 60, was working in the A&E department at Edinburgh Royal Infirmary when she fell on a slippery surface in one of

A motorist who was sued after she struck a pedestrian suspected of attempting suicide at the time of the accident has been cleared of any liability. A judge in the Court of Session ruled that the pursuer, who could not remember anything about the time of the accident, failed to establish that the dr

A motorist who claimed more than £180,000 in damages following a relatively minor collision in which a car reversed into his vehicle while parked at a petrol station has been awarded just a fraction of that amount. Grant Grubb raised a personal injury action seeking £182,880 after John Finlay admi

Andrew Smith QC Andrew Smith QC of Compass Chambers comprehensively analyses changes to interim awards of expenses in the wake of the Higherdelta case.

The family of a man who died in hospital after being admitted to the accident and emergency department have failed in their claim for damages despite the health board accepting that its staff were “negligent”. A judge in the Court of Session ruled that notwithstanding the fact that hospital staf

A Chinese national seeking permission to remain in the United Kingdom on human rights grounds has successfully challenged a decision by the authorities to reject her application. The judge in the Court of Session ruled that the Home Secretary “fell into error” in reaching her decision that the p

Karen Cornwell Accredited specialist in professional negligence law Karen Cornwell reflects on mainstream lending seven months after judgment was handed down in Hughes-Holland v BPE Solicitors UKSC 21.

Michael J Mylonas QC, Susanna Rickard and Jamie Mathieson (instructed by Hughes Paddison) for the Claimant; Jeremy Hyam QC and Suzanne Lambert (instructed by Hempsons) for the Defendant; Mark McDonald and Christopher Pask (instructed by Axiom Stone) for the Third Party. A father who claimed that his

Brian Inkster reflects on innovation in the legal sector in his comprehensive review of Remaking Law Firms – Why & How by George Beaton and Imme Kaschner. Remaking Law Firms is a book that very much looks at the past, present and future of law firms and the change that might be necessary to re

Litigants who were seeking to enforce an award of payment from a court in Belgium will have to seek an alternative remedy after the registration of the judgment in the Court of Session was cancelled due to a “lacunae” in the law. A judge allowed an appeal against the grant of warrant for registr

A foreign student who was alleged to have breached a condition attached to his grant of a visa has successfully challenged a decision by the UK Government to curtail his leave to remain. A judge in the Court of Session ruled that the decision by the Home Secretary to issue a notice revoking Muhammad

A claimant in a simple procedure case which was initially defended and then settled when the pursuer accepted a tender is entitled to the expenses of process as assessed, after a court rejected the defender’s argument that he should have his liability in expenses capped at 10% of the sum decerned

Professor Conor Gearty In an article first published on the LSE Brexit blog, Professor Conor Gearty scrutinises the notion of “a happy Brexit” and outlines ways in which the EU Withdrawal Bill will constitute a large transfer of power to the executive branch and may lead to the restriction of ci

A Scottish bus driver facing extradition to Dubai to serve a sentence of 12 months’ imprisonment following his conviction of crimes of dishonesty has successfully challenged a bid to remove him to the United Arab Emirates after he argued that his human rights would be breached. Garnet Black, 64, f