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Scotland Case Law

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Civil litigation

CD and others against Grampian NHS Board

Clinical negligence fatal claims: the court held the third and fourth pursuers’ claims were timeous, the sixth pursuer was ineligible, and awarded damages of £150,000 and £75,000.

  • Limitation
  • Time bar
  • Section 19a discretion
  • Fatal claims
  • Eligibility of relative claimant
  • Quantum of bereavement damages
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Civil litigation

David Downie (AP) v NHS Fife Health Board

The Sheriff Appeal Court refused an appeal in a clinical negligence action, holding there was no fair notice of a negligent misdiagnosis case and no basis to exclude the defender’s expert.

  • Expert witness admissibility
  • Fair notice in pleadings
  • Negligent misdiagnosis
  • Revocation of short-term detention certificate
  • Causation
  • Quantum
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Civil litigation [2022] ScotCS CSIH_29

HUGH HALL CAMPBELL QC, REPRESENTATIVE PARTY IN PROPOSED GROUP PROCEEDINGS AGAINST JAMES FINLAY (KENYA) LTD

HUGH HALL CAMPBELL QC, REPRESENTATIVE PARTY IN PROPOSED GROUP PROCEEDINGS AGAINST JAMES FINLAY (KENYA) LTD [2022] ScotCS CSIH_29 (27 May 2022)

The Inner House refused a reclaiming motion and upheld permission for proposed group proceedings by tea plantation workers alleging musculoskeletal injury from common working conditions.

  • Group proceedings
  • Duty of care
  • Negligence
  • Musculoskeletal injury
  • Common conditions of employment
  • Group-proceedings
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Civil litigation [2019] ScotSAC Civ 34

GILLIES & Ors v ARJO WIGGINS LTD & Anor

GILLIES & Ors v ARJO WIGGINS LTD & Anor [2019] ScotSAC Civ 34 (02 October 2019)

Scottish Sheriff Appeal Court civil appeal involving claims by an executrix and beneficiaries against two companies concerning liability connected to an estate.

  • Executor liability
  • Company liability
  • Civil-litigation
  • Executor-liability
  • Company-liability
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Civil litigation [2018] ScotCS CSOH_37

GRACIE AGAINST CITY OF EDINBURGH COUNCIL

GRACIE AGAINST CITY OF EDINBURGH COUNCIL [2018] ScotCS CSOH_37 (10 April 2018)

The Court of Session refused to allow a late amendment in a historic personal injury claim, holding the action was time-barred and should not proceed under section 19A.

  • Time bar
  • Section 19a discretion
  • School supervision
  • Causation
  • Quantum of damages
  • Time-bar
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Civil litigation [2017] ScotCS CSIH_2

K v The Marist Brothers & Anor

K v The Marist Brothers & Anor [2017] ScotCS CSIH_2 (12 January 2017)

Inner House decision on prescription and time-bar in a historic abuse claim. The court held the pursuer’s belief did not amount to unsoundness of mind and refused section 19A relief.

  • Negative prescription
  • Time-bar
  • Legal disability
  • Section 17(3) prescription and limitation act 1973
  • Section 19a prescription and limitation act 1973
  • Prescription-and-limitation
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Civil litigation [2014] ScotCS CSIH_65

MILLEER v CHIVAS BROTHERS LTD

MILLEER v CHIVAS BROTHERS LTD [2014] ScotCS CSIH_65 (11 July 2014)

The Inner House held that the sheriff had erred on expenses after late disclosure of a key witness statement and awarded the appellant expenses for the whole procedure.

  • Expenses
  • Credibility of evidence
  • Late disclosure
  • Reparation
  • Late-disclosure
  • Credibility-of-evidence
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Civil litigation [2012] ScotSC 91

JOHN DAVID McIRVINE v. JOHN ALEXANDER McIRVINE

JOHN DAVID McIRVINE v. JOHN ALEXANDER McIRVINE [2012] ScotSC 91 (12 September 2012)

The sheriff awarded the pursuer £300,000, with interest and expenses, after broadly assessing loss caused by the defender’s failure to account for business funds.

  • Accounting
  • Damages
  • Expenses
  • Interest
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Civil litigation [2009] ScotSC 21

Matthewson v. Graham

Matthewson v. Graham [2009] ScotSC 21 (22 June 2009)

Sheriff Jamie Gilmour refused sanction for junior counsel, certified vocational expert Gordon Cameron, refused certification of treating surgeon Rickhuss, and awarded expenses to the defender.

  • Certification of skilled witnesses
  • Sanction for counsel
  • Expenses
  • Discharge of proof diets
  • Expert-witnesses
  • Sanction-for-counsel
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Civil litigation [2006] ScotSC 26

Stewart v. Speed

Stewart v. Speed [2006] ScotSC 26 (28 March 2006)

A Scottish sheriff court awarded decree for ÂŁ1,400 in a road traffic reparation action and held expenses should be paid to the pursuer on the pre-2004 Chapter 10 scale.

  • Road traffic accident
  • Expenses
  • Damages
  • Judicial tender
  • Judicial-tender
  • Road-traffic-accident
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.