CAROL MCDONALD AGAINST DUNDEE CITY COUNCIL [2015] ScotSC 74 (14 December 2015)

CAROL MCDONALD AGAINST DUNDEE CITY COUNCIL [2015] ScotSC 74 (14 December 2015)

The defenders did not breach their duty of care in providing the reference, which was true, fair, and accurate in the circumstances. The loss of employment was caused by the SSSC investigation, not the content or timing of the reference. There was no actionable negligence or loss attributable to the defenders' conduct.

Citation
[2015] ScotSC 74
Parties
Pursuer: Carol McDonald; Defender: Dundee City Council
Jurisdiction
Scotland
Judgment Date
14 December 2015
Procedural Posture
Civil / Judgment After Proof (trial) on Liability and Loss of Chance
Outcome
claim dismissed; defenders assoilzied (absolved) from first crave
Legal Topics
Negligent Reference, Duty of Care, Loss of Chance, Disciplinary Proceedings, Professional Regulation
Employment Law Tort Law Negligent Reference Duty of Care Loss of Chance Disciplinary Proceedings Professional Regulation

Case Brief

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Parties

Carol McDonald

Pursuer

Dundee City Council

Defender

Procedural Posture

Civil / Judgment After Proof (trial) on Liability and Loss of Chance

Legal Issues

  1. 1 Whether the defenders breached their duty of care in providing a reference to a prospective employer.
  2. 2 Whether the pursuer suffered loss as a result of any alleged breach.

Ratio Decidendi

The defenders did not breach their duty of care in providing the reference, which was true, fair, and accurate in the circumstances. The loss of employment was caused by the SSSC investigation, not the content or timing of the reference. There was no actionable negligence or loss attributable to the defenders' conduct.

Court Disposition

claim dismissed; defenders assoilzied (absolved) from first crave

Orders

  • Second plea in law for defenders sustained.
  • Defenders assoilzied from first crave of initial writ.