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Tort [2026] CSOH 34

John Reid against MCM Building & Civil Engineering Construction LTD and another (Court of Session)

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.

  • Asbestos exposure
  • Employer's liability
  • Mesothelioma
  • Negligence
  • Apportionment of liability
  • Asbestos-exposure
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Construction law [2026] CSIH 16

Greater Glasgow Health Board against Multiplex Construction Europe LTD and others (Court of Session)

Greater Glasgow Health Board against Multiplex Construction Europe LTD and others (Court of Session) [2026] CSIH 16 (31 March 2026)

The Inner House refused GGHB’s reclaiming motion and held its cladding claims had prescribed. It found no induced error and no basis for section 11(3).

  • Prescription of obligations
  • Induced error
  • Reasonable diligence
  • Collateral warranties
  • Latent defects
  • Fire safety compliance
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Tort [2025] SCEDIN 20

Stephen Lyons against QBE UK LTD (National Personal Injury Court)

Stephen Lyons against QBE UK LTD (National Personal Injury Court) [2025] SCEDIN 20 (12 March 2025)

The court held that the insurer’s driver materially contributed to a road traffic collision and awarded the pursuer £6,008.91, including solatium and losses.

  • Road traffic accident
  • Negligence
  • Material contribution
  • Apportionment of liability
  • Damages
  • Road-traffic-accident
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Tort [2024] ScotCS CSOH_39

NIGEL DICK AGAINST JOSEPH MERRICK

NIGEL DICK AGAINST JOSEPH MERRICK [2024] ScotCS CSOH_39 (03 April 2024)

A cycling collision case in Scotland. The court found both riders at fault and reduced the pursuer’s damages by 35%, apportioning 65% to the defender.

  • Contributory negligence
  • Cyclist collision
  • Apportionment of liability
  • Contributory-negligence
  • Cyclist-collision
  • Personal-injury
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Personal injury [2022] ScotCS CSOH_65

FRANCIS MURPHY AGAINST DUNBIA (UK), T/A HIGHLAND MEATS

FRANCIS MURPHY AGAINST DUNBIA (UK), T/A HIGHLAND MEATS [2022] ScotCS CSOH_65 (09 September 2022)

The Court of Session refused a further motion for interim damages because there was no material change of circumstances since the earlier award.

  • Interim damages
  • Change of circumstances
  • Contributory negligence
  • Apportionment of liability
  • Interim-damages
  • Personal-injury
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Medical negligence [2022] ScotCS CSIH_34

RECLAIMING MOTION BY CAR AGAINST MUFTAH SALEM ELJAMEL AND NHS TAYSIDE

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.

  • Apportionment of liability
  • Contribution between joint wrongdoers
  • Causative potency
  • Moral blameworthiness
  • Medical-negligence
  • Apportionment-of-liability
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Medical negligence [2021] ScotCS CSOH_130

CAROLYN ALMOND-ROOTS AGAINST MUFTAH SALEM ELJAMEL AND ANOTHER

CAROLYN ALMOND-ROOTS AGAINST MUFTAH SALEM ELJAMEL AND ANOTHER [2021] ScotCS CSOH_130 (21 December 2021)

The court held that the first defender bore 100% of liability for the pursuer’s loss, while NHS Tayside’s admitted negligence was not causative of the neurological injury.

  • Apportionment of liability
  • Causation
  • Joint and several liability
  • Clinical negligence
  • Duty of care
  • Clinical-negligence
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Tort [2019] ScotCS CSOH_14

CASSELLS, DOUGLAS CASSELLS AND ANOTHER AGAINST DAVID W ALLAN, TRADING AS ALLAN'S GROUP, AND ANOTHER

CASSELLS, DOUGLAS CASSELLS AND ANOTHER AGAINST DAVID W ALLAN, TRADING AS ALLAN'S GROUP, AND ANOTHER [2019] ScotCS CSOH_14 (12 February 2019)

Fatal injury claim after a bus struck an employee in a car park. The court found both the driver and employer negligent, with 30% contributory negligence.

  • Negligence
  • Vicarious liability
  • Contributory negligence
  • Workplace safety
  • Risk assessment
  • Apportionment of liability
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Tort [2018] ScotCS CSOH_102

McKENZIE, MORAG McKENZIE AND OTHERS AGAINST (FIRST) ASDA GROUP LIMITED AND (SECOND) DHL SERVICES LIMITED

McKENZIE, MORAG McKENZIE AND OTHERS AGAINST (FIRST) ASDA GROUP LIMITED AND (SECOND) DHL SERVICES LIMITED [2018] ScotCS CSOH_102 (23 October 2018)

The Court of Session found both drivers negligent in a road traffic collision and apportioned liability 75% to Asda and 25% to DHL.

  • Road traffic accident
  • Vicarious liability
  • Apportionment of liability
  • Damages
  • Duty of care
  • Negligence
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Tort [2018] ScotCS CSOH_70

CV AGAINST ZENITH INSURANCE PLC AND AC

CV AGAINST ZENITH INSURANCE PLC AND AC [2018] ScotCS CSOH_70 (29 June 2018)

The court held that the third party’s driving did not cause or materially contribute to the collision, so no apportionment of liability was due.

  • Apportionment of liability
  • Negligence
  • Law reform (miscellaneous provisions) (scotland) act 1940
  • Motor vehicle accident
  • Apportionment-of-liability
  • Road-traffic-collision
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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.