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Scotland decisions
Decisions matching the current search
Clinical negligence fatal claims: the court held the third and fourth pursuers’ claims were timeous, the sixth pursuer was ineligible, and awarded damages of £150,000 and £75,000.
The Sheriff Appeal Court refused an appeal in a clinical negligence action, holding there was no fair notice of a negligent misdiagnosis case and no basis to exclude the defender’s expert.
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.
Marion Hamilton against Dryfe Vets LTD (Sheriff Court Civil) [2026] SCDUM 41 (26 March 2026)
The sheriff refused the defender’s motion for expenses, holding that the pursuer’s failure to prove she was driving did not itself establish fraud or manifest unreasonableness.
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.
Gary Bowers against Aviva Insurance LTD (Sheriff Appeal Court Civil) [2026] SACCIV 7 (27 January 2026)
Appeal refused against an award of summary cause expenses in a low-value personal injury action raised in ASPIC.
Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court) [2026] SCEDIN 10 (16 January 2026)
A Scottish sheriff determined that Kenyan law governs seven work-injury claims and held that WIBA, not common law, would likely apply to claims filed during the relevant transitional period.
Gordon Dunn against Menzies Distribution LTD (Sheriff Court Civil) [2026] SCEDIN 22 (27 November 2025)
The court granted the defender’s motion after the pursuer abandoned the action and was found to have made fraudulent representations, disapplying QOCS and recalling anonymity.
Note: Andrew Harkin against Annette McNeil (National Personal Injury Court) [2025] SCEDIN 84 (06 November 2025)
The sheriff refused a motion for interim payment of expenses, holding that delay in taxation alone did not justify departing from the ordinary post-taxation process.
Mark Andrew Card against Chief Constable, Police Service of Scotland (National Personal Injury Court) [2025] SCEDIN 81 (20 October 2025)
A police constable won reparation after a knife incident, with liability based on negligent recording and failure to deploy firearms officers, but damages were reduced 40% for contributory negligence.
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