PI Updates 
Clark v Shirra [OH] 14.02.12 (Unreported)
Jury trials - Damages - Application by pursuer to be permitted to put Defender's statement of valuation of claim before the jury -Practice Note No 2 of 2003. HELD application refused
Occupiers liability - child accessing road through gap in fence - Armstrong v Keepmoat Homes Ltd [QBD] 03.02.12 (Unreported)
Occupiers liability 12-year-old child accessing dual carriageway by means of a gap in fence on local authority land Child suffering injuries from road accident on carriageway Whether authority liable - Occupiers' Liability Act 1957. HELD that the authority was not liable, either under common law or statute. [NB transcript of judgment not yet available]
Periodical payments order in English road traffic claim - Bennett v Stephens [QBD] 18.01.12 (Unreported)
Personal injury claim arising out of road accident - Periodical payments order for payment by Motor Insurers' Bureau in the event of default by the insurer - Whether continuity of payment was reasonably secure - Damages Act 1996 s.2(3)
Woman awarded £62,000 for loss of two teeth
Award by civil jury in the Court of Session to Sarah Marshall in respect of her action against Fife Health Board. Liability for a negligent tonsilectomy was accepted by the defenders, but the level of damages was contested
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Liability of driver of other vehicle for passenger's injuries - Davis v Catto [IH]
Pursuer injured in road traffic accident Liability of third party Pursuer a passenger in car driven by defender - Defender driving at excessive speed and losing control of vehicle - Accident occurring just after overtaking car driven by third party - Third party also driving at excessive speed - Outer House decision that third party was liable to contribute to pursuer's damages award - Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 s.3. HELD third party's reclaiming motion allowed.
Read more about Liability of driver of other vehicle for passenger's injuries - Davis v Catto [IH] »
Duty of care - provision of allegedly defective stepladder - Dunnachie v Gardner [ShCt]
Duty of care Injuries sustained by pursuer in falling from stepladder while cleaning guttering at defender's house Stepladder belonging to defender fracturing causing pursuer's injuries. HELD defender assoilzied
Damages action by participant injured during adventure activity - Hobbin v Vertical Descents Ltd [OH]
Duty of care Outdoor activity company Injury suffered by participant in adventure activity - Participant injured as result of slipping while canyoning - Pursuer signing disclaimer form prior to activity - Safety briefing carried out prior to activity. HELD claim failed on its merits
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