FRANCIS MURPHY AGAINST DUNBIA (UK), T/A HIGHLAND MEATS [2022] ScotCS CSOH_65 (09 September 2022)

FRANCIS MURPHY AGAINST DUNBIA (UK), T/A HIGHLAND MEATS [2022] ScotCS CSOH_65 (09 September 2022)

There was no material change of circumstances since the previous interim damages award; the recommendation for CBT and procedural transfer did not meet the threshold for a change of circumstances under Rule of Court 43.11(6).

Citation
[2022] ScotCS CSOH_65
Parties
Pursuer: Francis Murphy; Defender: Dunbia (UK), T/A Highland Meats
Jurisdiction
Scotland
Judgment Date
09 September 2022
Procedural Posture
Personal Injury / Motion for Interim Damages Under Rule of Court 43.11
Outcome
Motion for further interim damages refused
Legal Topics
Interim Damages, Change of Circumstances, Contributory Negligence, Apportionment of Liability
Personal Injury Civil Procedure Interim Damages Change of Circumstances Contributory Negligence Apportionment of Liability

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Parties

Francis Murphy

Pursuer

Dunbia (UK), T/A Highland Meats

Defender

Procedural Posture

Personal Injury / Motion for Interim Damages Under Rule of Court 43.11

Legal Issues

  1. 1 Whether the sum sought exceeds a reasonable proportion of likely damages
  2. 2 Whether there has been a material change of circumstances since previous interim damages award

Ratio Decidendi

There was no material change of circumstances since the previous interim damages award; the recommendation for CBT and procedural transfer did not meet the threshold for a change of circumstances under Rule of Court 43.11(6).

Court Disposition

Motion for further interim damages refused

Orders

  • Leave to reclaim granted