JWE against LGBT Youth Scotland (Court of Session) [2026] CSOH 6 (28 January 2026)
The Court of Session allowed a personal injury action to go to proof, rejecting a motion to exclude averments about safeguarding, grooming, vicarious liability, and third-party abuse.
Appeal by Waheeda Akram against Assessor for Lothian Valuation Joint Board (Court of Session) [2026] CSIH 3 (14 January 2026)
The court found that the Scottish Ministers did not owe Biffa a duty of care to volunteer information about the need for or status of an Internal Market Act exclusion. The letter of 17 May 2022 was a statement of policy commitment, not a guarantee of deliverability or legal compliance. There was no assumption of responsibility sufficient to create a special relationship. Biffa, as a sophisticated commercial entity, undertook known risks and had no reasonable basis to rely on the letter as a guarantee against all legal or regulatory impediments. The Ministers' omission to mention the IMA did n…
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.
David Dawson against Jonathan Threadgold and others (National Personal Injury Court) [2025] SCEDI 38 (25 June 2025)
The court held that police used reasonable force to arrest the pursuer, but acted unreasonably by putting him to the ground and allowing him to fall unsupported.
4U2 Ltd against Glasgow City Council (Sheriff Court Civil) [2025] SCGLA 010 (14 February 2025)
A Scottish sheriff dismissed a negligence claim against Glasgow City Council, holding that no duty of care arose from reasons given for a grant decision.
Reclaiming Motion by Roderick Finlayson and others against Alban Wine LTD and another (Court of Session) [2024] CSIH 32 (09 October 2024)
The Inner House allowed a reclaiming motion in a negligence claim, holding the pleadings were sufficient to justify proof and that Caparo was not the right test.
NM against Graeme Henderson and another (Court of Session) [2024] CSOH 84 (23 August 2024)
The Court of Session allowed a vicarious liability claim to proceed, but dismissed a direct duty of care claim and excluded limited averments as irrelevant.
Vicarious liability
Duty of care
Harassment
Specification of pleadings
Employer liability
Statutory duties under protection from harassment act 1997
TECJET LTD AGAINST KIER CONSTRUCTION LTD [2024] ScotCS CSOH_60 (13 June 2024)
Court of Session case on fire-damage claims, assignation, title to sue, and prescription. The pursuer’s own claim survives; assignors’ claims are dismissed.
TOMMY LEE CRUICKSHANKS AGAINST GLASGOW CITY COUNCIL [2024] ScotCS CSOH_35 (26 March 2024)
The Court of Session allowed proof before answer in a damages claim over a child’s death in kinship care, finding factual issues on duty, vicarious liability, and causation.