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Scotland Case Law

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Tort [2022] ScotCS CSOH_50

SHARON COSSEY AGAINST THE BUCCLEUCH ESTATES LTD

SHARON COSSEY AGAINST THE BUCCLEUCH ESTATES LTD [2022] ScotCS CSOH_50 (27 July 2022)

The court awarded limited damages for short-term soft tissue injuries but rejected a claim that a fall exacerbated the pursuer’s pre-existing somatoform symptom disorder.

  • Somatoform symptom disorder
  • Exacerbation of pre-existing condition
  • Assessment of damages
  • Credibility of witness
  • Personal-injury
  • Psychiatric-injury
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Tort [2017] ScotCS CSOH_48

Santhong Phensrisai v Yutikan

Santhong Phensrisai v Yutikan [2017] ScotCS CSOH_48 (23 March 2017)

Personal injury damages were awarded after a road traffic accident, with the court assessing solatium, services, wage loss, lost items and costs.

  • Assessment of damages
  • Solatium
  • Past services
  • Past wage loss
  • Future wage loss
  • Loss of earning capacity
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Personal injury [2016] ScotSC 59

PETER ALLAN AGAINST PLEXUS CORP (UK) Ltd

PETER ALLAN AGAINST PLEXUS CORP (UK) Ltd [2016] ScotSC 59 (26 August 2016)

The sheriff granted the pursuer a jury trial in a personal injury action, holding that the combined damages issues did not amount to special cause.

  • Jury trial entitlement
  • Special cause
  • Ogden tables
  • Assessment of damages
  • Pre-existing conditions
  • Jury-trial-entitlement
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Civil procedure [2015] ScotCS CSOH_167

Aird Geomatics Ltd & Ors v Stevenson & Anor

Aird Geomatics Ltd & Ors v Stevenson & Anor [2015] ScotCS CSOH_167 (10 December 2015)

The Court of Session awarded damages for wrongful interim interdict, finding causation and compensable stress, inconvenience, and minor reputational harm.

  • Wrongful interim interdict
  • Damages for stress, anxiety, inconvenience, and reputational harm
  • Causation of loss
  • Assessment of damages
  • Wrongful-interdict
  • Delict-damages
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Tort law [2015] ScotCS CSIH_63

Ferguson v Ferguson

Ferguson v Ferguson [2015] ScotCS CSIH_63 (14 August 2015)

Inner House refused a new trial after a dog-bite jury verdict, upholding contributory negligence and a £5,000 solatium award as not plainly wrong.

  • Strict liability for animals
  • Contributory negligence
  • Assessment of damages
  • Jury trial procedure
  • Contributory-negligence
  • Personal-injury
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Personal injury [2015] ScotCS CSOH_75

Good v Lanarkshire Health Board

Good v Lanarkshire Health Board [2015] ScotCS CSOH_75 (09 June 2015)

Medical negligence damages case on quantum. Lord Uist awarded solatium, allowed care and accommodation costs, but refused ongoing case management and a personal injury trust.

  • Assessment of damages
  • Quantum of damages
  • Care costs
  • Accommodation costs
  • Personal injury trust
  • Case management costs
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Personal injury [2014] ScotCS CSIH_112

Currie & Anor v Esure Services Ltd

Currie & Anor v Esure Services Ltd [2014] ScotCS CSIH_112 (19 December 2014)

The Inner House refused a reclaiming motion against awards of £42,000 each to parents for loss of society after their adult son’s fatal road accident.

  • Damages for loss of society
  • Assessment of damages
  • Judicial discretion
  • Road traffic accident
  • Damages-for-loss-of-society
  • Assessment-of-damages
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Property law [2014] ScotSC 96

SUSAN STRICKLAND AGAINST BLEMAIN FINANCE LTD

SUSAN STRICKLAND AGAINST BLEMAIN FINANCE LTD [2014] ScotSC 96 (13 October 2014)

Appeal from a sheriff’s decision on damages for sale of repossessed heritable property. The sheriff principal upheld the damages award but allowed interest from 1 March 2010.

  • Damages for failure to obtain best price on sale of repossessed property
  • Interest on damages
  • Assessment of damages
  • Statutory duties under conveyancing and feudal reform (scotland) act 1970
  • Interest-on-damages
  • Assessment-of-damages
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Tort [2014] ScotCS CSOH_15

MacKinnon v Hadfield (t/a Ben Nevis Inn)

MacKinnon v Hadfield (t/a Ben Nevis Inn) [2014] ScotCS CSOH_15 (31 January 2014)

A workplace back-injury damages case where the Court of Session preferred the defender’s medical evidence and awarded £89,302 inclusive of interest.

  • Employer's liability
  • Assessment of damages
  • Back injury
  • Causation
  • Pre-existing condition
  • Aggravation of injury
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Personal injury [2013] ScotCS CSOH_92

DAVID McEWAN HYNDS v. DAVID REEKIE & SONS Ltd

DAVID McEWAN HYNDS v. DAVID REEKIE & SONS Ltd [2013] ScotCS CSOH_92 (11 June 2013)

Personal injury damages were assessed after a workplace crushing injury. The court held the pursuer had severe physical and psychiatric injury and was fairly made redundant.

  • Workplace accident
  • Assessment of damages
  • Redundancy and employment consequences
  • Medical evidence in personal injury
  • Psychiatric injury
  • Loss of earnings
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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.