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Scotland decisions
Decisions matching the current search
Comino Properties Ltd against DHKK Ltd (Sheriff Court Civil) [2025] SCEDI 78 (16 October 2025)
A Scottish sheriff dismissed a purchaser’s claim against a surveyor’s company over a home report, holding the pleadings lacked a relevant case of professional negligence.
Denise Parks against LG Electronics UK Ltd (National Personal Injury Court) [2025] SCEDIN 40 (18 July 2025)
The sheriff held that a fire was caused by a defect in an LG K8 (2017) phone battery, finding the defender liable under the Consumer Protection Act 1987.
Steven Blair Milligan against Jaguar Land Rover Automotive Plc (Court of Session) [2024] CSOH 96 (29 October 2024)
The Court of Session authorised a representative party and granted permission for Jaguar Land Rover NOx emissions group proceedings.
JOSEPH MACKAY AGAINST NISSAN MOTOR CO LTD AND OTHERS [2024] ScotCS CSOH_68 (05 July 2024)
Court of Session granted permission for Nissan/Renault NOx group proceedings and authorised Joseph Mackay as representative party.
APPLICATIONS TO BE A REPRESENTATIVE PARTY IN GROUP PROCEEDINGS AND FOR PERMISSION TO BRING GROUP PROCEEDINGS BY LEE BRIDGEHOUSE AGAINST BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT [2024] ScotCS CSOH_2 (18 January 2024)
The Court of Session authorised Lee Bridgehouse as representative party and granted permission for BMW diesel-emissions group proceedings to go ahead.
HASTINGS, JOHN HASTINGS AGAINST (FIRST) FINSBURY ORTHOPAEDICS LTD and (SECOND) STRYKER UK LTD [2019] ScotCS CSOH_96 (26 November 2019)
The Court of Session held that a Mitch/Accolade metal-on-metal hip replacement was not defective under the Consumer Protection Act 1987.
SHANLEY, JAMES MICHAEL SHANLEY AGAINST CLYDESDALE BANK PLC [2019] ScotCS CSOH_75 (04 October 2019)
The Court of Session held there was no advisory banking relationship, and although the bridging-loan documents were imperfect under MCOB, the pursuer failed on causation.
AH AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER; SR AGAINST JOHNSON AND JOHNSON MEDICAL LTD AND ANOTHER; YT AGAINST SPIRE HEALTHCARE LIMITED AND OTHERS; AND EN AGAINST GREATER GLASGOW HEALTH BOARD AND OTHERS [2018] ScotCS CSOH_57 (01 June 2018)
Doctors' duty to advise of risks is limited to risks associated with the procedure and reasonable alternatives as determined by clinical judgment; generic pleadings and lack of specification regarding alternative treatments and doctors' knowledge of risks are insufficient; claims against manufacturers proceed only under Consumer Protection Act 1987; time-bar issues require further factual determination; actions against doctors proceed only on alleged breach of duty to advise of risks, not alternatives.
Source excerpt
AH against Greater Glasgow Health Board and Johnson & Johnson Medical Ltd [2018] CSOH 57 (06 January 2018)
Lead Scottish mesh cases on consent, defect, and time bar. The court narrowed the doctors’ case to risk warnings, allowed Consumer Protection Act claims, and reserved limitation issues.
Richards & Anor v Pharmacia Ltd c/o Pfizer Ltd [2017] ScotCS CSOH_77 (12 May 2017)
Court of Session procedure roll decision on Celebrex injury claims, allowing proof before answer and excluding one vague fraud averment.
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