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Tort [2026] CSOH 34

John Reid against MCM Building & Civil Engineering Construction LTD and another (Court of Session)

John Reid against MCM Building & Civil Engineering Construction LTD and another (Court of Session) [2026] CSOH 34 (01 April 2026)

The court held that John Reid was negligently exposed to asbestos by both defenders and that each materially increased the risk of mesothelioma.

  • Asbestos-exposure
  • Employer's-liability
  • Mesothelioma
  • Negligence
  • Apportionment-of-liability
  • Employer-liability
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Tort [2026] CSOH 18

Scott McSeveney against Aviva Insurance Ltd (Court of Session)

Scott McSeveney against Aviva Insurance Ltd (Court of Session) [2026] CSOH 18 (05 March 2026)

The Court of Session refused, for now, a motion to dismiss a personal injury action for alleged fundamental dishonesty, allowing a possible renewed motion later.

  • Fundamental-dishonesty
  • Abuse-of-process
  • Quantum-of-damages
  • Personal-injury
  • Road-traffic-accident
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Tort [2026] SACCIV 13

4U2 LTD against Glasgow City Council (Sheriff Appeal Court Civil)

4U2 LTD against Glasgow City Council (Sheriff Appeal Court Civil) [2026] SACCIV 13 (18 February 2026)

The Sheriff Appeal Court refused 4U2 Limited’s appeal against dismissal of its negligent misrepresentation claim over a Covid grant application.

  • Negligent-misrepresentation
  • Duty-of-care
  • Economic-loss
  • Public-authority-liability
  • Grant-schemes
  • Grant-applications
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Tort [2026] CSOH 5

DBAK against The Governors of the Fettes Trust (Court of Session)

DBAK against The Governors of the Fettes Trust (Court of Session) [2026] CSOH 5 (29 January 2026)

A former Fettes pupil succeeded in a sexual abuse damages claim for solatium, but failed to prove that the abuse caused loss of earnings or pension loss.

  • Vicarious-liability
  • Sexual-abuse
  • Damages-assessment
  • Psychiatric-injury
  • Loss-of-earnings
  • Solatium
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Tort [2026] SCGLA 43

Joanna Cox against Optimax Clinics LTD and others (Sheriff Court Civil)

Joanna Cox against Optimax Clinics LTD and others (Sheriff Court Civil) [2026] SCGLA 43 (29 January 2026)

The sheriff held that a medical negligence claim about LASIK surgery was time barred under section 17(2)(b) of the Prescription and Limitation (Scotland) Act 1973.

  • Lasik-eye-surgery
  • Corneal-ectasia
  • Keratoconus
  • Time-bar
  • Prescription-and-limitation-(scotland)-act-1973
  • Awareness-of-injury
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Tort [2025] SACCIV 34

Donnie Smith against Mairi Davidson (Sheriff Appeal Court Civil)

Donnie Smith against Mairi Davidson (Sheriff Appeal Court Civil) [2025] SACCIV 34 (14 October 2025)

The Sheriff Appeal Court refused an appeal over cattle damage, upholding the sheriff’s refusal to admit late amended claims and confirming £772 damages.

  • Reparation-for-damage-by-animals
  • Boundary-disputes
  • Procedural-fairness
  • Amendment-of-pleadings
  • Animal-damage
  • Simple-procedure
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Tort [2025] SCGLA 88

Muhammad Suleman against One Insurance LTD (Sheriff Court Civil)

Muhammad Suleman against One Insurance LTD (Sheriff Court Civil) [2025] SCGLA 88 (10 October 2025)

The sheriff found a rear-end collision caused by the defender’s insured, awarded £1,750 solatium and £120 inspection costs, and reserved expenses.

  • Negligence
  • Road-traffic-accident
  • Damages
  • Solatium
  • Causation
  • Rights-against-insurers
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Tort [2025] SCPER 66

Bear Scotland LTD against Scott Dammer (Sheriff Court Civil)

Bear Scotland LTD against Scott Dammer (Sheriff Court Civil) [2025] SCPER 66 (18 August 2025)

The sheriff awarded Bear Scotland Limited ÂŁ8,179.18 for road barrier damage, allowing repair and ancillary losses but excluding unsupported betterment.

  • Measure-of-damages
  • Property-damage
  • Betterment
  • Quantification-of-loss
  • Recovery-of-consequential-losses
  • Road-traffic-claims
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Medical-negligence [2025] SACCIV 21

Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil)

Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil) [2025] SACCIV 21 (16 July 2025)

The Sheriff Appeal Court refused DS’s appeal but allowed NHS Grampian’s cross-appeal, holding the radiologist was not negligent and causation was not proved.

  • Duty-of-care
  • Standard-of-care
  • Expert-evidence
  • Causation
  • Burden-of-proof
  • Procedural-discretion
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Tort [2025] SCEDI 38

David Dawson against Jonathan Threadgold and others (National Personal Injury Court)

David Dawson against Jonathan Threadgold and others (National Personal Injury Court) [2025] SCEDI 38 (25 June 2025)

The court held that police used reasonable force to arrest the pursuer, but acted unreasonably by putting him to the ground and allowing him to fall unsupported.

  • Use-of-force-by-police
  • Duty-of-care
  • Vicarious-liability
  • Reasonable-force
  • Negligence
  • Damages
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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.