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Tort [2021] ScotCS CSOH_120

FENRIR THORVALDSEN AGAINST DUNDEE CITY COUNCIL

FENRIR THORVALDSEN AGAINST DUNDEE CITY COUNCIL [2021] ScotCS CSOH_120 (02 December 2021)

In a Scottish personal injury action, the court held the pursuer recovered from post-concussion syndrome within seven weeks and awarded limited damages only.

  • Employer liability
  • Personal injury
  • Causation of injury
  • Damages assessment
  • Personal-injury
  • Causation
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Criminal law [2018] ScotHC HCJAC_67

DENNIE, APPEAL AGAINST CONVICTION BY SANDRA DENNIE AGAINST HER MAJESTY'S ADVOCATE

DENNIE, APPEAL AGAINST CONVICTION BY SANDRA DENNIE AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_67 (26 October 2018)

The High Court of Justiciary held that a jury verdict was not inconsistent or perverse where injuries were caused during an assault, even without proof of striking with glass.

  • Assault
  • Jury verdicts
  • Causation of injury
  • Permanency of injury
  • Jury-verdicts
  • Causation-of-injury
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Medical negligence [2008] ScotCS CSOH_128

Greenhorn (AP) v South Glasgow University Hospitals NHS Trust

Greenhorn (AP) v South Glasgow University Hospitals NHS Trust [2008] ScotCS CSOH_128 (05 September 2008)

Medical negligence action over a colposuspension complication dismissed; the court held Dr Lingam was not negligent and Dr Hassan adequately supervised.

  • Standard of care in surgery
  • Vicarious liability
  • Supervision of trainee surgeons
  • Causation of injury
  • Assessment of surgical competence
  • Medical-negligence
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Tort [2008] ScotCS CSOH_111

Rooney v. The Advocate General For Scotland

Rooney v. The Advocate General For Scotland [2008] ScotCS CSOH_111 (05 August 2008)

A firefighter’s personal injury claim failed after the court found his account of the accident and the alleged link to faecal incontinence was not proved.

  • Employer's liability
  • Workplace accident
  • Manual handling
  • Credibility of witness
  • Causation of injury
  • Personal-injury
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Personal injury [2008] ScotCS CSIH_16

Riddell v Leisure Link Electronic Entertainment Ltd

Riddell v Leisure Link Electronic Entertainment Ltd [2008] ScotCS CSIH_16 (15 February 2008)

The Court of Session refused an employer’s appeal in a personal injury case, upholding findings that the pursuer’s ongoing back pain was credible and accident-related.

  • Employer's liability
  • Causation of injury
  • Assessment of damages
  • Credibility of witness
  • Chronic pain syndrome
  • Personal-injury
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Tort [2008] ScotCS CSOH_03

Bremner v. Bartlett

Bremner v. Bartlett [2008] ScotCS CSOH_03 (09 January 2008)

Road traffic personal injury claim. The court found the pursuer proved whiplash and psychological injury, but not that later cervical degeneration was accident-caused.

  • Causation of injury
  • Quantum of damages
  • Remoteness of damage
  • Loss of earnings
  • Psychological injury
  • Property loss
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Tort [2006] ScotCS CSOH_126

Rodgers v Colin Hutton Group Coachworks Ltd

Rodgers v Colin Hutton Group Coachworks Ltd [2006] ScotCS CSOH_126 (16 August 2006)

A personal injury claim failed on causation: the court held the pursuer’s severe mental difficulties were due to a pre-existing depressive disorder, not a minor workplace head knock.

  • Contributory negligence
  • Causation of injury
  • Damages assessment
  • Depression and psychiatric injury
  • Acquired brain injury
  • Medical evidence
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Employment law [2005] ScotCS CSOH_66

Berry v. McCowans Ltd

Berry v. McCowans Ltd [2005] ScotCS CSOH_66 (18 May 2005)

The Outer House dismissed a factory worker’s personal injury claim, finding she failed to prove an on-the-job accident or that any shoulder injury was caused by manual handling at work.

  • Manual handling
  • Workplace safety
  • Employer's duty of care
  • Causation of injury
  • Manual handling operations regulations 1992
  • Personal-injury
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Tort [2005] CSOH 2 A974

Carter v. Carter & Ors

Carter v. Carter & Ors [2005] ScotCS CSOH_2 (11 January 2005)

Personal injury action after a car accident: the court found the driver negligent, rejected negligence claims against the garage, and held the pursuer failed to prove the accident caused his stroke.

  • Motor vehicle accidents
  • Contributory negligence
  • Duty of care
  • Causation of injury
  • Product liability
  • Negligence
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Employment law [2004] ScotCS 62

Cochrane v. Gaughan

Cochrane v. Gaughan [2004] ScotCS 62 (09 March 2004)

A workplace slip-and-fall claim failed because the pursuer did not prove the floor was slippery or that water caused her fall, despite a wet-floor sign.

  • Workplace safety
  • Employer's liability
  • Workplace (health, safety and welfare) regulations 1992
  • Slips and trips at work
  • Causation of injury
  • Workplace-safety
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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.