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Scotland Case Law

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Civil law [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)

Appeal refused in a simple procedure animal-damage claim. The court upheld refusal to admit amended claims for lack of fair notice and found the damages award rational.

  • Reparation for damage by animals
  • Procedural fairness
  • Amendment of claims
  • Quantum of damages
  • Procedural-fairness
  • Amendment-of-claims
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Tort law [2025] SCEDIN 43

Ross Lamont against The Chief Constable, Police Scotland (National Personal Injury Court)

Ross Lamont against The Chief Constable, Police Scotland (National Personal Injury Court) [2025] SCEDIN 43 (01 August 2025)

A sheriff held Police Scotland vicariously liable for a constable’s excessive force when removing a pursuer’s hand from railings, awarding £12,000 for a finger fracture.

  • Assault by police
  • Use of force
  • Negligence
  • Vicarious liability
  • Damages
  • Proportionality of force
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Employment law [2025] SACCIV 7

Tracey McGill against RM Property and Facilities Solutions LTD (Sheriff Appeal Court Civil)

Tracey McGill against RM Property and Facilities Solutions LTD (Sheriff Appeal Court Civil) [2025] SACCIV 7 (05 March 2025)

The Sheriff Appeal Court refused an employee’s appeal, holding she had not given fair notice of negligence claims based on a protective screen or risk assessment.

  • Employer's duty of care
  • Workplace mental health
  • Harassment
  • Negligence
  • Pleadings and fair notice
  • Fair-notice
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Civil procedure [2024] CSOH 110

Imran Ahmad against the Lord Advocate (Court of Session)

Imran Ahmad against the Lord Advocate (Court of Session) [2024] CSOH 110 (18 December 2024)

The court allowed an additional fee only under the head of importance to the client, with a recommended uplift of no more than 10%.

  • Malicious prosecution
  • Expenses (costs)
  • Additional fee
  • Quantum of damages
  • Court discretion
  • Additional-fee
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Contract law [2024] ScotCS CSIH_15

RECLAIMING MOTION BY TILBURY DOUGLAS CONSTRUCTION LTD AGAINST OVE ARUP & PARTNERS SCOTLAND LTD

RECLAIMING MOTION BY TILBURY DOUGLAS CONSTRUCTION LTD AGAINST OVE ARUP & PARTNERS SCOTLAND LTD [2024] ScotCS CSIH_15 (12 June 2024)

The Inner House held Tilbury’s defective design claim had prescribed. Time ran from November 2013 when Tilbury entered the fixed-price contract relying on Arup’s design.

  • Prescription of claims
  • Induced error
  • Duty of care in design
  • Contractual breach
  • Limitation periods
  • Prescription-and-limitation
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Housing law [2024] ScotCS CSOH_56

SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD

SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD [2024] ScotCS CSOH_56 (05 June 2024)

The Court of Session dismissed coordinated claims by tenants alleging contaminated land made their homes unfit and caused illness, finding no proved breach or causation.

  • Fitness for human habitation
  • Contaminated land
  • Personal injury
  • Statutory duties of landlords
  • Causation in tort
  • Fitness-for-human-habitation
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Medical negligence [2024] ScotCS CSIH_7

SD AS LEGAL REPRESENTATIVE OF LD AGAINST GRAMPIAN HEALTH BOARD

SD AS LEGAL REPRESENTATIVE OF LD AGAINST GRAMPIAN HEALTH BOARD [2024] ScotCS CSIH_7 (19 April 2024)

The Court of Session refused the reclaiming motion in a medical negligence claim over LD’s birth injuries, finding no breach by Dr Sripada or the ward round doctors and no proved causation.

  • Professional negligence
  • Causation
  • Standard of care
  • Scope of duty
  • Remoteness of damage
  • Medical-negligence
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Commercial law [2024] ScotCS CSOH_28

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP & OTHERS

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP & OTHERS [2024] ScotCS CSOH_28 (08 March 2024)

A Scottish commercial action over a private equity transaction was dismissed after the court found no proved unlawful conspiracy, fraud, or dishonest assistance.

  • Unlawful means conspiracy
  • Fraud
  • Accessory liability
  • Dishonest assistance
  • Breach of fiduciary duty
  • Conflict of interest
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Contract law [2023] ScotCS CSOH_91

SL AGAINST RL

SL AGAINST RL [2023] ScotCS CSOH_91 (14 December 2023)

The Court of Session held that a divorce settlement clause released only financial claims on divorce, not a later damages action for harassment.

  • Contractual construction
  • Release clauses
  • Financial provision on divorce
  • Harassment
  • Contractual-construction
  • Release-clauses
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Personal injury [2023] ScotCS CSOH_50

ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC

ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC [2023] ScotCS CSOH_50 (27 July 2023)

The Court of Session held that section 5 of the Damages (Scotland) Act 2011 can apply even if mesothelioma was not present when the deceased settled an earlier claim.

  • Mesothelioma
  • Damages for relatives
  • Discharge of liability
  • Statutory exception
  • Single action rule
  • Damages-scotland-act-2011
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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.