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Scotland decisions
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JWE against LGBT Youth Scotland (Court of Session) [2026] CSOH 6 (28 January 2026)
The Court of Session allowed a personal injury action to go to proof, rejecting a motion to exclude averments about safeguarding, grooming, vicarious liability, and third-party abuse.
Appeal by Waheeda Akram against Assessor for Lothian Valuation Joint Board (Court of Session) [2026] CSIH 3 (14 January 2026)
The court found that the Scottish Ministers did not owe Biffa a duty of care to volunteer information about the need for or status of an Internal Market Act exclusion. The letter of 17 May 2022 was a statement of policy commitment, not a guarantee of deliverability or legal compliance. There was no assumption of responsibility sufficient to create a special relationship. Biffa, as a sophisticated commercial entity, undertook known risks and had no reasonable basis to rely on the letter as a guarantee against all legal or regulatory impediments. The Ministers' omission to mention the IMA did n…
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Reclaiming Motion in the cause Laura McCluskey against Scott Wilson Scotland Ltd (Court of Session) [2024] CSIH 26 (28 August 2024)
The Inner House upheld a res judicata plea in a Watling Street contamination claim, holding that the lead action had already determined the generic duty and breach issues.
Appeal by Martin McGowan against Springfield Properties Plc (Court of Session) [2024] CSIH 31 (20 August 2024)
Inner House held that prescription for damages from wrongful interim interdict runs from recall, and that decree of absolvitor makes wrongfulness conclusive absent changed circumstances.
X AGAINST SHERIFF JOHN ALBERT BROWN AND THE LORD ADVOCATE [2024] ScotCS CSIH_6 (12 April 2024)
Inner House appeal on whether the Crown could be vicariously liable for a sheriff’s alleged assaults and harassment, and on time-bar.
FIONA DROUET AND OTHERS AGAINST ANGUS MILLIGAN [2024] ScotCS CSOH_32 (20 March 2024)
The Court of Session held most family claims time-barred for being raised too late, finding awareness of Emily Drouet’s impaired mental condition by 12 April 2016.
LEANDER CB CONSULTANTS LTD T/A LEANDER ADVISORS AGAINST BOGSIDE INVESTMENTS LTD AND ANOTHER [2024] ScotCS CSOH_9 (02 February 2024)
Court of Session found fraudulent misrepresentations about a PPE deal and pipeline transactions, reduced a consultancy engagement, and refused payment of a disputed fee.
X AGAINST Y AND OTHERS [2023] ScotCS CSOH_17 (02 March 2023)
The court held the Crown may be vicariously liable for two alleged sheriff assaults, but the delict claims for those incidents were time-barred. The Advocate General was dismissed.
VIOLET PATERSON AND OTHERS AGAINST LANARKSHIRE HEALTH BOARD [2023] ScotCS CSOH_1 (06 January 2023)
Scottish Court of Session case finding Lanarkshire Health Board liable for negligent psychiatric discharge planning that contributed to a patient’s suicide.
RECLAIMING MOTION BY CAR AGAINST MUFTAH SALEM ELJAMEL AND NHS TAYSIDE [2022] ScotCS CSIH_34 (12 August 2022)
Court of Session upheld a 100/0 apportionment in a medical negligence claim, finding the second defenders’ delay caused no significant harm and had nil causative potency.
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