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Scotland decisions
Decisions matching the current search
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.
RECLAIMING MOTION BY DEPUY INTERNATIONAL LTD AGAINST ELIZABETH GILCHRIST [2023] ScotCS CSIH_47 (28 December 2023)
The Inner House allowed a reclaiming motion against a case-management order that had appointed one lead MoM implant case and sisted other actions.
RECLAIMING MOTION BY N AGAINST ASTORA WOMAN'S HEALTH LLC [2022] ScotCS CSIH_6 (23 February 2022)
The Inner House refused a reclaiming motion seeking an order that the defender disclose assets or insurance cover to meet possible mesh-liability decrees.
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.
GR AGAINST (FIRST)& GREATER GLASGOW AND CLYDE HEALTH BOARD AND (SECOND)& JOHNSON AND JOHNSON MEDICAL LIMITED [2018] ScotCS CSOH_109 (27 November 2018)
The Court of Session held that a pursuer had pled a relevant common law negligence case against a mesh product manufacturer, allowing proof before answer.
RICHARDS, (FIRST) ; AND (SECOND JOHN JARVIE AGAINST PHARMACIA LIMITED, c/o PFIZER LIMITED [2018] ScotCS CSIH_31 (24 April 2018)
The Inner House refused Pharmacia’s reclaiming motion, holding the pursuers’ pleadings on Celebrex, cardiovascular risk, and failure to warn were sufficiently specific for proof before answer.
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.
RENFREW GOLF CLUB AGAINST MOTOCADDY Ltd [2015] ScotCS CSOH_173 (17 December 2015)
The Court of Session dismissed Renfrew Golf Club’s damages action, holding the clubhouse was not private-use property for the Consumer Protection Act and no duty of care was made out in negligence.
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