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Scotland Case Law

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Personal injury [2020] ScotCS CSOH_21

STEPHEN ANTHONY QUINN AND OTHERS AGAINST WRIGHT’S INSULATIONS LTD

STEPHEN ANTHONY QUINN AND OTHERS AGAINST WRIGHT’S INSULATIONS LTD [2020] ScotCS CSOH_21 (27 February 2020)

The Court of Session refused to let a time-barred mesothelioma claim proceed under section 19A, finding no explanation for the delay and no equitable basis to override limitation.

  • Mesothelioma
  • Asbestos exposure
  • Prescription and limitation
  • Section 19a discretion
  • Time-bar
  • Damages for fatal disease
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Employment law [1924] ScotLR 225

Dunn v. Scottish Co-Operative Wholesale Society, Ltd

Dunn v. Scottish Co-Operative Wholesale Society, Ltd [1924] ScotLR 225 (23 January 1924)

The Court of Session held that compensation could continue where nephritis, though unscheduled, was found to result from certified dermatitis.

  • Workmen's compensation for industrial disease
  • Causation of incapacity
  • Scheduled diseases and sequelae
  • Recording of compensation agreements
  • Workers-compensation
  • Industrial-disease
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Employment law [1913] ScotLR 39

Scullion v. Cadzow Coal Co., Ltd

Scullion v. Cadzow Coal Co., Ltd [1913] ScotLR 39 (24 October 1913)

The Court of Session held that pit-head surface labour was not “mining” under the Workmen’s Compensation Act 1906, so the statutory presumption for nystagmus did not apply.

  • Statutory interpretation
  • Presumption of causation
  • Definition of mining
  • Burden of proof
  • Workmen-s-compensation
  • Industrial-disease
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Employment law [1912] ScotLR 531

M'Ginn v. Udston Coal Co., Ltd

M'Ginn v. Udston Coal Co., Ltd [1912] ScotLR 531 (08 March 1912)

The Court held that a medical referee’s opinion excluded the statutory presumption against causation, but did not bar the worker from proving that nystagmus arose from mining work.

  • Workmen's compensation act 1906
  • Industrial disease
  • Medical referee's certificate
  • Presumption of causation
  • Finality of medical referee's decision
  • Workers-compensation
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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.