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Scotland decisions
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ROCHE DIAGNOSTICS LTD AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER [2024] ScotCS CSOH_55 (05 June 2024)
The Court of Session refused relevancy challenges to pleadings alleging unlawful means conspiracy and causing loss by unlawful means in a procurement dispute.
APPEAL BY NICOLA STEVEN WATT OR MURRAY AND OTHERS AGAINST LEND LEASE CONSTRUCTION LTD [2023] ScotCS CSIH_19 (21 April 2023)
The Inner House refused a reclaiming motion in an asbestos injury claim, holding the Lord Ordinary had made his own findings and did not err in relying on Abraham.
NICOLA STEVEN WATT AND OTHERS AGAINST LEND LEASE CONSTRUCTION (EUROPE) LIMITED [2022] ScotCS CSOH_23 (03 March 2022)
The Court of Session held that low-level asbestos exposure in 1963 was not reasonably foreseeable as injurious, and assoilzied the defenders.
AB AND CD AGAINST TRANSFORM MEDICAL GROUP (CS) LTD AND TRAVELERS INSURANCE COMPANY LTD [2020] ScotCS CSOH_3 (09 January 2020)
Lord Tyre held that a settlement agreement between Transform and Travelers was binding on Scottish claimants; no collusion or bad faith was proved.
SABET OR HUGHES AND ANOTHER AGAINST FIFE COUNCIL AND NORMAN MILNE [2019] ScotCS CSOH_26 (19 March 2019)
The Court of Session dismissed a flood-risk claim against Fife Council, holding sections 56 and 59 of the 2009 Act did not found liability, but allowed nuisance proceedings against a neighbouring landowner.
THACKER AND OTHERS AGAINST NORTH BRITISH STEEL GROUP PLC [2018] ScotCS CSOH_73 (11 July 2018)
The Court of Session held that a foundry worker was regularly exposed to substantial asbestos dust, and that the employer was liable in damages for mesothelioma.
HM Secretary of State for Business, Innovation and Skills v Russell [2015] ScotCS CSOH_128 (18 September 2015)
Unopposed petition for a six-year director disqualification was granted after the respondent failed to pay HMRC while taking substantial dividends and wages.
DM v Lothian NHS Board [2015] ScotCS CSOH_89 (07 July 2015)
The Court of Session granted certification of three skilled persons after settlement, holding it could not resolve disputed malingering allegations without evidence.
Jones v Scottish Opera [2015] ScotCS CSOH_64 (02 June 2015)
The Court of Session held Scottish Opera owed a duty of care to a non-employee injured unloading scenery, found a breach for not providing a ramp, and awarded damages.
Anderson v Shetland Islands Council & Anor [2014] ScotCS CSOH_25 (13 February 2014)
Lord Stewart refused conjunction of actions and allowed a contempt motion to be withdrawn, awarding expenses personally against Mr Anderson for that motion.
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