Scotland Case Law

(First) Susan Marion Lever; (Second) Lynette Lewis; (Third) Brian Lever; (Fourth) Lennox Fitchett; (Fifth) Marcus Fitchett and (Sixth) Brian Lever against Ayrshire and Arran Health Board

Lord Harrower held that dependent relatives may recover under section 3 of the Damages (Scotland) Act 2011 where negligence materially accelerated death, even if it did not cause the death itself.

• Interpretation of section 3 of the damages (scotland) act 2011
• Acceleration of death
• Dependent relatives' claims
• Loss of life expectancy
• Statutory construction
• Damages-scotland-act-2011

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Gail Buckley and others against (First) Alan Budzynski and (Second) UK Insurance Limited

Lord Malcolm held that Mrs Buckley suffered no recoverable loss of support because the income-producing investments passed to her on her husband’s death.

• Loss of financial support
• Damages (scotland) act 2011 sections 4, 7 and 8
• Effect of inherited pension investments on dependency claim
• Collateral benefits and compensatory damages
• Loss-of-support
• Damages-scotland-act-2011

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Martha Magaisa as executrix-dative of the late Tanyaradzwa Magaisa against Lord Stewart of Dirleton KC, the Advocate General for Scotland (Sheriff Appeal Court Civil)

Martha Magaisa as executrix-dative of the late Tanyaradzwa Magaisa against Lord Stewart of Dirleton KC, the Advocate General for Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 30 (12 May 2026)

The Sheriff Appeal Court held that the appeal raised a novel and complex issue about transmissibility of non-patrimonial claims and remitted it to the Court of Session.

• Transmissibility of non-patrimonial claims
• Executor's title to sue
• Statutory interpretation
• Damages (scotland) act 2011
• Remit to court of session
• Executor-title-to-sue

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Neil Robert McCallum and another against David McLackland (Sheriff Court Civil)

Neil Robert McCallum and another against David McLackland (Sheriff Court Civil) [2026] SCKIL 14 (16 April 2025)

The sheriff held that a servitude of aqueduct included implied rights to access and replace pipes, and awarded damages after the defender refused access.

• Servitude of aqueduct
• Ancillary rights to servitude
• Access for repair and replacement
• Damages for breach of servitude
• Compensation for inconvenience
• Servitude-of-aqueduct

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Imran Ahmad against the Lord Advocate (Court of Session)

Imran Ahmad against the Lord Advocate (Court of Session) [2024] CSOH 110 (18 December 2024)

The court allowed an additional fee only under the head of importance to the client, with a recommended uplift of no more than 10%.

• Malicious prosecution
• Expenses (costs)
• Additional fee
• Quantum of damages
• Court discretion
• Additional-fee

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GALBRAITH TRAWLERS LTD AGAINST THE ADVOCATE GENERAL FOR SCOTLAND (AS REPRESENTING THE HOME OFFICE)

GALBRAITH TRAWLERS LTD AGAINST THE ADVOCATE GENERAL FOR SCOTLAND (AS REPRESENTING THE HOME OFFICE) [2024] ScotCS CSIH_1 (10 January 2024)

The Inner House refused the appeal, holding that damages for unlawful detention of fishing vessels were not limited to nominal damages on this record.

• Unlawful detention of property
• Statutory interpretation
• Damages assessment
• Causation
• Procedural irregularity
• Unlawful-detention

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Allan v Amlin UK Ltd

Allan v Amlin UK Ltd [2013] ScotCS CSOH_156 (20 September 2013)

The Court of Session held that, absent proof of cheaper alternatives or extra benefits, the pursuer could recover the full credit hire charges incurred.

• Credit hire charges
• Mitigation of loss
• Onus of proof
• Personal injury damages
• Credit-hire-charges
• Mitigation-of-loss

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Tortolano v Ogilvie Construction Ltd

Tortolano v Ogilvie Construction Ltd [2013] ScotCS CSIH_10 (21 February 2013)

The Inner House held that the statutory discount rate for future damages applies generally, and section 1(2) of the Damages Act 1996 is limited to case-specific features.

• Discount rate for future pecuniary loss
• Damages act 1996 section 1
• Damages (personal injury) (scotland) order 2002
• Judicial discretion to depart from prescribed rate
• Statutory construction
• Personal-injury-damages

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Farstad Supply AS v Enviroco Ltd

Farstad Supply AS v Enviroco Ltd [2013] ScotCS CSIH_9 (20 February 2013)

The Inner House upheld an award of pre-decree interest on damages, refusing to replace Scotland’s judicial rate with a market-based rate.

• Pre-decree interest
• Compensatory principle
• Judicial rate
• Discretion in awarding interest
• Pre-decree-interest
• Judicial-rate

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Farstad Supply AS v Enviroco Ltd

Farstad Supply AS v Enviroco Ltd [2011] ScotCS CSOH_153 (14 September 2011)

The Court of Session fixed pre-decree interest on agreed damages at 8% until 4 December 2008 and 4% thereafter, keeping post-decree interest at 8%.

• Interest on damages
• Judicial rate of interest
• Compensatory principle
• Statutory discretion
• Pre-judgment-interest
• Damages

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