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Scotland Case Law

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Data protection

Joseph Henderson against The Scottish Ministers

The court held that the wrong document delivered was the Parole Board decision letter, not the minute, and that Joseph Henderson proved no compensable damage.

  • Wrongful disclosure of prison parole documents
  • Uk gdpr
  • Data protection act 2018
  • Article 8 echr
  • Compensation for non-material damage
  • Causation and proof of loss
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Civil litigation

David Downie (AP) v NHS Fife Health Board

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.

  • Expert witness admissibility
  • Fair notice in pleadings
  • Negligent misdiagnosis
  • Revocation of short-term detention certificate
  • Causation
  • Quantum
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Delict [2026] SCAIR 12

Angela Singh and another against George Weightman and Co (Sheriff Court Civil)

Angela Singh and another against George Weightman and Co (Sheriff Court Civil) [2026] SCAIR 12 (20 January 2026)

Sheriff McGlennan dismissed a negligence claim against insurance brokers for lack of specification on causation and quantum, though lost-rent averments were sufficient.

  • Negligence
  • Causation
  • Specification of pleadings
  • Quantum of damages
  • Insurance misrepresentation
  • Delict
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Tort [2025] SCGLA 88

Muhammad Suleman against One Insurance LTD (Sheriff Court Civil)

Muhammad Suleman against One Insurance LTD (Sheriff Court Civil) [2025] SCGLA 88 (10 October 2025)

The sheriff found a rear-end collision caused by the defender’s insured, awarded £1,750 solatium and £120 inspection costs, and reserved expenses.

  • Negligence
  • Road traffic accident
  • Damages
  • Solatium
  • Causation
  • Rights against insurers
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Civil procedure [2025] SACCIV 32

Application for permission to Appeal to the Court of Session (Courts Reform (Scotland) Act 2014, section 113) by DS in the cause DS against NHS Grampian (Sheriff Appeal Court Civil)

Application for permission to Appeal to the Court of Session (Courts Reform (Scotland) Act 2014, section 113) by DS in the cause DS against NHS Grampian (Sheriff Appeal Court Civil) [2025] SACCIV 32 (23 September 2025)

The Sheriff Appeal Court refused permission to appeal to the Court of Session, finding no important point of principle or compelling reason and no reasonable prospect of success.

  • Expert evidence
  • Permission to appeal
  • Negligence
  • Causation
  • Permission-to-appeal
  • Medical-negligence
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Product liability [2025] SCEDIN 40

Denise Parks against LG Electronics UK Ltd (National Personal Injury Court)

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.

  • Defective products
  • Statutory duty
  • Causation
  • Damages
  • Expert evidence
  • Product-liability
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Medical negligence [2025] SACCIV 21

Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil)

Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil) [2025] SACCIV 21 (16 July 2025)

The Sheriff Appeal Court refused DS’s appeal but allowed NHS Grampian’s cross-appeal, holding the radiologist was not negligent and causation was not proved.

  • Duty of care
  • Standard of care
  • Expert evidence
  • Causation
  • Burden of proof
  • Procedural discretion
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Tort [2025] SACCIV 14

NM against TO and AO (Sheriff Appeal Court Civil)

NM against TO and AO (Sheriff Appeal Court Civil) [2025] SACCIV 14 (29 April 2025)

The Sheriff Appeal Court refused an appeal in a scalding injury claim, holding that 55°C bath water was not itself a danger and that causation failed.

  • Occupiers' liability
  • Landlord's duty of care
  • Secondary victim claims
  • Causation
  • Contributory negligence
  • Repairing standard
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Tort [2024] CSOH 112

Alasdair Kerr and others against Midlothian Council and another (Court of Session)

Alasdair Kerr and others against Midlothian Council and another (Court of Session) [2024] CSOH 112 (20 December 2024)

The Court of Session dismissed a fatal asbestos claim, holding very low occupational exposure to chrysotile did not create a material risk of peritoneal mesothelioma.

  • Asbestos exposure
  • Mesothelioma
  • Causation
  • Material increase in risk
  • Fairchild exception
  • Employer's duty of care
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Employment law [2024] CSOH 92

McIlwraith against Blue Vale Structures LTD (Court of Session)

McIlwraith against Blue Vale Structures LTD (Court of Session) [2024] CSOH 92 (01 October 2024)

A pursuer failed to prove that wet working conditions caused his diabetic foot injury and below-knee amputation, so decree of absolvitor was granted.

  • Employer's duty of care
  • Risk assessment
  • Causation
  • Provision of protective equipment
  • Employer-duty-of-care
  • Personal-injury
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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.