Various Nitrogen Oxide Diesel Emissions Group Proceedings [Ongoing]
Acting for 10,000’s of Pursuers in Group Proceedings, against various vehicle diesel manufacturers, who claim to have purchased or leased cars containing so-called “defeat devices” which are said to have enabled the cars to pass emissions tests, while emitting harmful nitrogen oxides during on road driving.
C & S v Norman Shaw & Live Active Leisure 2023 CSOH 11 & [2023] CSIH 36
Acting for two brother Pursuers in historic sexual abuse cases against the perpetrator and his employers. The claim failed at Proof and before the Inner House on Stage 2 of the “close connection” test.
Dr Margaret Kirkwood v Thelem Assurances [2022] CSOH 53 and [2023] CSIH 30
Successfully resisting a Note of Objections by the Pursuer against a Report by the Auditor, who disallowed and taxed off the fees of English solicitors acting as principal Agents for the Pursuer.
Karla Hodgson v Castlehill Housing Association Ltd 2023 SC EDIN 5
Successfully pursuing an occupiers liability case at Proof in respect of a lady who had fallen down an unlit set of stairs in housing association property.
M & D’s (Leisure) Ltd v Craig Boswell & Ors
Pursuing claims for damages for property damage, business interruption and recovery of personal injuries damages paid as a result of the derailment of the “Tsunami” fairground ride.
A v XY Ltd [2021] CSOH 21
Acting on behalf of the Pursuer in the first reported Court of Session decision on the application of the Limitation (Child Abuse) (Scotland) Act 2017, where the Pursuer is said to have been raped by a school teahcer in the 1980's and where the Lord Ordinary allowed a Diet of Proof on the basis that the Pursuer's interest in proceeding with the action outweighed the Defenders' prejudice in having to defend the claim.
Woodhouse v Lochs and Glens (Transport) Ltd [2019] CSOH 105 & [2020] CSIH 67
Defending a multi-Pursuer road traffic coach crash case, where a bus operated by the Defenders overturned on a road in the Scottish Highlands, almost rolling into a loch and injuring many of the 52 passengers – the bus having been blown over by a freak and exceptionally powerful gust of wind. The case raised a number of complex issues and investigations, including road traffic, engineering, meteorological and topographical expertise.
Olufemi Adekomaya v Heriot Watt Univeristy (Edinburgh Sh Ct, 15.1.20)
Achieving dismissal of a claim for damages by a dissatisfied university student under the Consumer Rights Act 2015.
AB v Inverurie Skip Hire Ltd [2019] CSOH 47
A complex motion concerning the award of expenses in the context of a historic Minute of Tender, accepted years after lodging after the production of damaging surveillance evidence.
Helen Watt v Thomas Mullen (Aberdeen Sh Ct, 8.6.18)
Successfully resisting the Defender’s motion for dismissal at Debate regarding the sufficiency of averments regarding the existence of an implied contract of agency, in the context of solicitor and client.
Mulsanne Insurance Ltd v McLuckie (Airdrie Sh Ct, 24.7.17)
Acting for the Pursuers to avoid a policy of motor insurance on the ground of deliberate misrepresentation on the part of the insured at inception and under the Consumer Insurance (Disclosure and Representations) Act 2012.
John Kerr & Ors v Inverlussa Shellfish Co Ltd – [2019]
Defending claims brought by the relatives of a fishing boat skipper, who was killed when a newly-installed crane collapsed and crushed him.
Ronald Richards & Ors v Pharmacia Ltd [2017] CSOH 77 & [2018] CSIH 31
Acting for Pfizer Inc on behalf of the Defenders, to defend multiple personal injuries/product liability cases, where the ingestion of a pharmaceutical called Celebrex, which was taken as a non-steroidal anti-inflammatory, is said to have caused heart attacks and strokes.
