Scotland Case Law

Martha Magaisa as executrix-dative of the late Tanyaradzwa Magaisa against Lord Stewart of Dirleton KC, the Advocate General for Scotland (Sheriff Appeal Court Civil)

Martha Magaisa as executrix-dative of the late Tanyaradzwa Magaisa against Lord Stewart of Dirleton KC, the Advocate General for Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 30 (12 May 2026)

The Sheriff Appeal Court held that the appeal raised a novel and complex issue about transmissibility of non-patrimonial claims and remitted it to the Court of Session.

• Transmissibility of non-patrimonial claims
• Executor's title to sue
• Statutory interpretation
• Damages (scotland) act 2011
• Remit to court of session
• Executor-title-to-sue

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FIONA DROUET AND OTHERS AGAINST ANGUS MILLIGAN

FIONA DROUET AND OTHERS AGAINST ANGUS MILLIGAN [2024] ScotCS CSOH_32 (20 March 2024)

The Court of Session held most family claims time-barred for being raised too late, finding awareness of Emily Drouet’s impaired mental condition by 12 April 2016.

• Time bar
• Limitation period
• Damages for wrongful death
• Constructive knowledge
• Prescription and limitation (scotland) act 1973
• Damages (scotland) act 2011

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Mitchell & Ors v Advocate General for Scotland & Anor

Mitchell & Ors v Advocate General for Scotland & Anor [2015] ScotCS CSOH_2 (09 January 2015)

The Court of Session held that section 22(4) did not bar jury trial in a section 18 death claim where the action was timely under section 18(2)(a) and did not depend on section 18(2)(b).

• Limitation of actions
• Jury trial
• Mesothelioma
• Damages (scotland) act 2011
• Prescription and limitation (scotland) act 1973
• Personal-injury

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Currie & Ors v Esure Services Ltd

Currie & Ors v Esure Services Ltd [2014] ScotCS CSOH_34 (21 February 2014)

Court of Session award of loss-of-society damages to the parents and brother of a young man killed by a driver at a zebra crossing.

• Damages for loss of society
• Bereavement awards
• Assessment of non-patrimonial damages
• Damages (scotland) act 2011
• Judicial vs jury awards
• Loss-of-society-damages

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ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC

ELAINE CROZIER OR VEALE AND OTHERS AGAINST SCOTTISH POWER UK PLC [2024] ScotCS CSIH_14 (04 June 2024

Section 5(1) of the Damages (Scotland) Act 2011 is clear and unambiguous: it entitles the relatives of a person who died of mesothelioma to claim non-patrimonial damages, even if the deceased had previously settled his own claim for damages arising from the same wrong. There is no requirement in the statute that the deceased must have been suffering from mesothelioma at the time of settlement. The statutory exception applies if the death was from mesothelioma and the other conditions in section 5(1) are met.

Source excerpt

• Mesothelioma
• Damages for wrongful death
• Effect of prior settlement on relatives' claims
• Damages (scotland) act 2011
• Rights of relatives to damages

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