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Scotland decisions
Decisions matching the current search
HIS MAJESTY'S ADVOCATE AGAINST TIGH-NA-MUIRN LTD [2023] ScotHC HCJAC_30 (18 August 2023)
The Appeal Court held that a fine for a care home’s health and safety breach was unduly lenient and increased it after a resident died from ingesting cleaning liquid.
LINBROOKE SERVICES LTD AGAINST HIS MAJESTY'S ADVOCATE [2023] ScotHC HCJAC_31 (17 August 2023)
The appeal court held that the sheriff had double-counted the fatality in setting a health and safety fine, reducing the penalty from ÂŁ550,000 to ÂŁ400,000.
APPEAL AGAINST SENTENCE BY ST DAVID'S CARE FORFAR LTD AGAINST HMA [2023] ScotHC HCJAC_17 (23 May 2023)
The Appeal Court upheld a ÂŁ100,000 fine imposed on a care home company after a resident died following exposure to the cold.
ANDREW MACLACHLAN AGAINST STRATHCLYDE PARTNERSHIP FOR TRANSPORT [2017] ScotSC 15 (24 March 2017)
A sheriff held that blocked walkways in a workshop made the traffic route unsuitable, causing an employee to divert, trip on embedded rails, and injure his ankle.
D Geddes (Contractors) Ltd v Neil Johnson Health & Safety Services Ltd [2017] ScotCS CSOH_42 (14 March 2017)
A Scottish Court of Session case on whether a quarry operator can recover a criminal fine from a health and safety adviser under ex turpi causa.
Scottish Power Generation Ltd v HM Advocate [2016] ScotHC HCJAC_99 (03 November 2016)
Appeal court reduced a health and safety fine, holding the English Sentencing Council guideline could be used as a cross-check, not mechanically applied.
Wilson v (First) North Star Shipping (Aberdeen) Ltd & Anor [2014] ScotCS CSOH_156 (29 October 2014)
The court held both defenders liable for a maritime workplace injury during a sample transfer, but reduced damages for the pursuer's contributory negligence.
TRACEY KENNEDY AGAINST CORDIA (SERVICES) LLP [2014] ScotCS CSIH_76 (19 September 2014)
The Inner House held that a home carer’s fall on icy public pavements did not give rise to liability under the cited regulations or at common law.
KATHRYN HAY v ADVANCED STAIRLIFTS (SCOTLAND) Ltd [2014] ScotCS CSOH_118 (01 August 2014)
Personal injury claim under PUWER. The court held the employer liable after a surveyor slipped and was injured while using an expandable metre stick on stairs.
INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF IAN DIVERS [2013] ScotSC 84 (25 September 2013)
Fatal Accident Inquiry into Ian Divers’ death. The sheriff found he died when a car fell onto his chest and held he was not engaged in self-employed work at the time.
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