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Employment law [2025] SCEDIN 17

Thomas Ward against WM Morrison Supermarket PLC and others (National Personal Injury Court)

Thomas Ward against WM Morrison Supermarket PLC and others (National Personal Injury Court) [2025] SCEDIN 17 (14 March 2025)

The sheriff held the second defender liable in negligence for a loading accident, finding 30% contributory negligence and awarding £56,818 after deductions.

  • Employer's liability
  • Common law duty of care
  • Risk assessment
  • Contributory negligence
  • Workplace accident
  • Settlement and satisfaction
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Employment law [2024] SCEDIN 43

Agnieszka Swierska against Mathiesons Bakery LTD (Sheriff Court Civil)

Agnieszka Swierska against Mathiesons Bakery LTD (Sheriff Court Civil) [2024] SCEDIN 43 (11 October 2024)

Personal injury claim over a lifting injury failed. The sheriff held the pursuer had not proved breach of the employer’s common law duty of care.

  • Manual handling
  • Employer's duty of care
  • Common law negligence
  • Enterprise and regulatory reform act 2013
  • Manual handling operations regulations
  • Personal-injury
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Employment law [2024] CSOH 92

McIlwraith against Blue Vale Structures LTD (Court of Session)

McIlwraith against Blue Vale Structures LTD (Court of Session) [2024] CSOH 92 (01 October 2024)

A pursuer failed to prove that wet working conditions caused his diabetic foot injury and below-knee amputation, so decree of absolvitor was granted.

  • Employer's duty of care
  • Risk assessment
  • Causation
  • Provision of protective equipment
  • Employer-duty-of-care
  • Personal-injury
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Tort [2023] ScotCS CSOH_84

JAMES MILLER AGAINST J.W. WHEATLEY AND SON LTD AND ANOTHER

JAMES MILLER AGAINST J.W. WHEATLEY AND SON LTD AND ANOTHER [2023] ScotCS CSOH_84 (28 November 2023)

The Court of Session held that a solar panel installer was an independent contractor, not Wheatley’s worker, and dismissed the action after a wet-roof accident.

  • Employer's duty of care
  • Independent contractor liability
  • Workplace accidents
  • Risk assessment
  • Employment status
  • Contributory negligence
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Tort [2023] ScotCS CSOH_49

VICTORIA ROSE AND OTHERS AGAINST WNL INVESTMENTS LTD

VICTORIA ROSE AND OTHERS AGAINST WNL INVESTMENTS LTD [2023] ScotCS CSOH_49 (26 July 2023)

The Court of Session refused to dismiss a fatal accident negligence claim, holding that whether the deceased was an employee or contractor needed proof.

  • Employer's duty of care
  • Employee vs independent contractor
  • Common law negligence
  • Health and safety regulations
  • Assumption of responsibility
  • Common-law-negligence
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Civil procedure [2023] ScotCS CSOH_12

MARTIN McGOWAN AGAINST SPRINGFIELD PROPERTIES PLC

MARTIN McGOWAN AGAINST SPRINGFIELD PROPERTIES PLC [2023] ScotCS CSOH_12 (14 February 2023)

The court held that a wrongful interdict claim was not prescribed, allowed proof on whether the interdict was wrongful, and rejected contributory negligence.

  • Wrongful interdict
  • Prescription
  • Damages
  • Contributory negligence
  • Health and safety violations
  • Defamation
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Personal injury [2022] ScotCS CSIH_25

WARNER AGAINST SCAPA FLOW CHARTERS

WARNER AGAINST SCAPA FLOW CHARTERS [2022] ScotCS CSIH_25 (10 May 2022)

The Inner House allowed the defenders’ reclaiming motion in a diving-death case, holding they had not breached their duty of care to experienced technical divers.

  • Standard of care
  • Risk assessment
  • Duty of care
  • Negligence
  • Liability of vessel operators
  • Leisure activity risks
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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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Personal injury [2018] ScotCS CSOH_73

THACKER AND OTHERS AGAINST NORTH BRITISH STEEL GROUP PLC

THACKER AND OTHERS AGAINST NORTH BRITISH STEEL GROUP PLC [2018] ScotCS CSOH_73 (11 July 2018)

The Court of Session held that a foundry worker was regularly exposed to substantial asbestos dust, and that the employer was liable in damages for mesothelioma.

  • Asbestos exposure
  • Mesothelioma
  • Employer liability
  • Breach of statutory duty
  • Quantum of damages
  • Asbestos-exposure
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.