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Tort [2022] ScotCS CSOH_23

NICOLA STEVEN WATT AND OTHERS AGAINST LEND LEASE CONSTRUCTION (EUROPE) LIMITED

NICOLA STEVEN WATT AND OTHERS AGAINST LEND LEASE CONSTRUCTION (EUROPE) LIMITED [2022] ScotCS CSOH_23 (03 March 2022)

The Court of Session held that low-level asbestos exposure in 1963 was not reasonably foreseeable as injurious, and assoilzied the defenders.

  • Negligence
  • Asbestos exposure
  • Foreseeability
  • Breach of statutory duty
  • Mesothelioma
  • Construction (general provisions) regulations 1961
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Tort [2019] ScotCS CSOH_14

CASSELLS, DOUGLAS CASSELLS AND ANOTHER AGAINST DAVID W ALLAN, TRADING AS ALLAN'S GROUP, AND ANOTHER

CASSELLS, DOUGLAS CASSELLS AND ANOTHER AGAINST DAVID W ALLAN, TRADING AS ALLAN'S GROUP, AND ANOTHER [2019] ScotCS CSOH_14 (12 February 2019)

Fatal injury claim after a bus struck an employee in a car park. The court found both the driver and employer negligent, with 30% contributory negligence.

  • Negligence
  • Vicarious liability
  • Contributory negligence
  • Workplace safety
  • Risk assessment
  • Apportionment of liability
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Pensions [2017] ScotCS CSOH_21

Knight & Ors v Sedgwick Noble Lowndes Ltd & Ors

Knight & Ors v Sedgwick Noble Lowndes Ltd & Ors [2017] ScotCS CSOH_21 (10 February 2017)

The court held that, in four pension scheme actions, the necessary steps to equalise retirement ages were taken timeously, so the pursuers proved no loss.

  • Equalisation of retirement ages
  • Barber window
  • Presumption of regularity
  • Pension scheme amendments
  • Trustee duties
  • Professional negligence
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Health and safety [2012] ScotSC 118

DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF STEVEN ALLEN

DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF STEVEN ALLEN [2012] ScotSC 118 (20 December 2012)

Fatal Accident Inquiry into Steven Allen’s death found no accident, no workplace defect, and no reasonable precautions that would likely have avoided death.

  • Fatal accident inquiry
  • Workplace safety
  • Medical fitness certification
  • Commercial diving
  • System of work defects
  • Fatal-accident-inquiry
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Health and safety [2012] ScotSC 16

INQUIRY UNDER THEFATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROBERT CRAIG MACDONALD

INQUIRY UNDER THEFATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROBERT CRAIG MACDONALD [2012] ScotSC 16 (07 February 2012)

Fatal Accident Inquiry concerning Robert Craig MacDonald’s death on the Forth Rail Bridge, finding he died after using an unauthorised route and falling from height.

  • Workplace safety
  • Risk assessment
  • Fatal accident
  • Contractor liability
  • Employee conduct
  • Fatal-accident-inquiry
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Health and safety [2012] ScotSC 9

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ANNE MARIE MERRIGAN OR COPELAND, NIAMH COPELAND, JENNY CO

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ANNE MARIE MERRIGAN OR COPELAND, NIAMH COPELAND, JENNY CO [2012] ScotSC 9 (25 January 2012)

Fatal Accident Inquiry finding that hydraulic oil from a mobile crane likely caused a skid on the A92, leading to a collision that killed Anne Marie Copeland and her two daughters.

  • Employer's duty of care
  • Maintenance of work equipment
  • Roadworthiness of vehicles
  • Inspection regimes
  • Hydraulic hose failure
  • Statutory compliance
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Bankruptcy [2011] ScotCS CSOH_212

Grimshaw v Bruce

Grimshaw v Bruce [2011] ScotCS CSOH_212 (09 December 2011)

The Court of Session held that discharge from sequestration under section 55 of the 1985 Act extinguished a pre-sequestration personal injury reparation claim.

  • Sequestration discharge
  • Delictual obligation
  • Statutory interpretation
  • Bankruptcy
  • Sequestration
  • Personal-injury
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Health and safety [2011] ScotSC 104

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES SCOTLAND ACT 1976 INTO THE SUDDEN DEATH OF KENNETH MCLEAN

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES SCOTLAND ACT 1976 INTO THE SUDDEN DEATH OF KENNETH MCLEAN [2011] ScotSC 104 (27 May 2011)

Fatal Accident Inquiry into Kenneth McLean’s death found he fell from unsafe fifth-level scaffold access at a Glasgow site, exposing failures in scaffold safety and site management.

  • Workplace safety
  • Scaffold safety
  • Employer duties
  • Site management
  • Risk assessment
  • Induction procedures
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Personal injury [2010] ScotCS CSOH_125

Toner v George Morrison Builders

Toner v George Morrison Builders [2010] ScotCS CSOH_125 (16 September 2010)

The Court of Session held that a builder was liable under work-equipment safety regulations after leaving an unsafe makeshift ladder available, but found the pursuer 50% contributorily negligent.

  • Employer's liability
  • Work equipment safety
  • Contributory negligence
  • Control of work equipment
  • Personal-injury
  • Work-equipment-safety
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Health and safety [2010] ScotSC 39

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF QIQIN LIN

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF QIQIN LIN [2010] ScotSC 39 (15 January 2010)

Fatal Accident Inquiry into Qiqin Lin’s death found the crash was caused by mobile phone distraction, vehicle overloading, unsecured load, and vehicle defects.

  • Fatal accident inquiry
  • Road traffic accident
  • Use of mobile phones while driving
  • Vehicle overloading
  • Vehicle defects
  • Fatal-accident-inquiry
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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.