Elaine Smith

FAI into the death of Kenneth Heron

Elaine was instructed to represent the widow of the late Kenneth Heron at the Fatal Accident Inquiry looking at the circumstances of his death at work.  The Court accepted various criticisms could be make of the system of work and training.

Derren Moffat v TW Bradley Contracts Limited, Unreported, ASPIC, August 2021
Instructing agent for the pursuer in a case which proceeded to a diet of proof. Action concerned a workplace accident. Liability disputed. Pursuer succeeded in establishing that he had tripped over a cable and the cable had been left strewn on the ground negligently.

Courtney Sloan v Keira Wilson, Unreported, Sh A Cubie, Glasgow Sheriff Court, May 2021
Appeared as Solicitor for the pursuer in a contentious opposed motion regarding certification of a Consultant Psychologist. Defender’s position was that certification should not be granted as the pursuer’s psychological symptoms were fabricated. Successfully resisted the opposition.

Hannaway v Discount Trade Windows Limited and Others [2020] SAC (Civ) 8
Instructing agent for the applicant and appellant in a Summary Application seeking to recover an employer’s liability insurance policy from a company in administration.  Question before the Sheriff Appeal Court was whether the Sheriff had erred in concluding that it could not be said an action was likely to be brought under the Third Parties (Rights against Insurers) Act 2010 where the company was not yet a relevant person in terms of the 2010 Act.