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Scotland Case Law

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Tort [2026] CSOH 34

John Reid against MCM Building & Civil Engineering Construction LTD and another (Court of Session)

John Reid against MCM Building & Civil Engineering Construction LTD and another (Court of Session) [2026] CSOH 34 (01 April 2026)

The court held that John Reid was negligently exposed to asbestos by both defenders and that each materially increased the risk of mesothelioma.

  • Asbestos exposure
  • Employer's liability
  • Mesothelioma
  • Negligence
  • Apportionment of liability
  • Asbestos-exposure
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Employment law [2025] SCEDIN 17

Thomas Ward against WM Morrison Supermarket PLC and others (National Personal Injury Court)

Thomas Ward against WM Morrison Supermarket PLC and others (National Personal Injury Court) [2025] SCEDIN 17 (14 March 2025)

The sheriff held the second defender liable in negligence for a loading accident, finding 30% contributory negligence and awarding £56,818 after deductions.

  • Employer's liability
  • Common law duty of care
  • Risk assessment
  • Contributory negligence
  • Workplace accident
  • Settlement and satisfaction
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Personal injury [2024] SCEDIN 32

Paul Frame against Abellio Scotrail LTD (All-Scotland Sheriff Personal Injury Court)

Paul Frame against Abellio Scotrail LTD (All-Scotland Sheriff Personal Injury Court) [2024] SCEDIN 32 (11 June 2024)

The sheriff court found the defender breached its duty of care and awarded damages to the pursuer in a personal injury claim arising from workplace safety.

  • Employer's liability
  • Workplace safety
  • Personal-injury
  • Employer-liability
  • Workplace-safety
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Criminal law [2023] ScotHC HCJAC_31

LINBROOKE SERVICES LTD AGAINST HIS MAJESTY'S ADVOCATE

LINBROOKE SERVICES LTD AGAINST HIS MAJESTY'S ADVOCATE [2023] ScotHC HCJAC_31 (17 August 2023)

The appeal court held that the sheriff had double-counted the fatality in setting a health and safety fine, reducing the penalty from £550,000 to £400,000.

  • Sentencing
  • Employer's liability
  • Workplace safety
  • Fatal workplace accident
  • Assessment of fines
  • Mitigating and aggravating factors
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Personal injury [2023] SC EDIN 14

PAUL JAMES DUNCAN CURRAN AGAINST B&P SCAFFOLDING Ltd & Anor

PAUL JAMES DUNCAN CURRAN AGAINST B&P SCAFFOLDING Ltd & Anor [2023] SC EDIN 14 (25 April 2023)

The sheriff court held that the defenders breached their duty of care in a workplace accident case and awarded damages to the pursuer.

  • Employer's liability
  • Workplace safety
  • Damages
  • Personal-injury
  • Employer-liability
  • Workplace-safety
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Personal injury [2023] SC EDIN 14

PAUL JAMES DUNCAN CURRAN AGAINST B&P SCAFFOLDING Ltd & Anor

PAUL JAMES DUNCAN CURRAN AGAINST B&P SCAFFOLDING Ltd & Anor [2023] SC EDIN 14 (25 April 2023)

The sheriff held that the defenders breached their duty of care by failing to provide a safe system of work, causing the pursuer’s workplace injury.

  • Employer's liability
  • Workplace safety
  • Damages
  • Personal-injury
  • Employer-liability
  • Workplace-safety
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Tort [2021] ScotCS CSOH_96

MILLY MORRISON AGAINST JAMES OAKDEN

MILLY MORRISON AGAINST JAMES OAKDEN [2021] ScotCS CSOH_96 (29 September 2021)

Personal injury reparation after a horse-riding accident: the court found the employer liable for the accident, but not for all claimed financial losses.

  • Employer's liability
  • Negligence
  • Personal injury
  • Duty of care
  • Causation
  • Quantum of damages
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Tort [2018] ScotCS CSOH_78

GIBSON AND OTHERS AGAINST BABCOCK INTERNATIONAL LIMITED

GIBSON AND OTHERS AGAINST BABCOCK INTERNATIONAL LIMITED [2018] ScotCS CSOH_78 (25 July 2018)

The Court of Session held Babcock liable for mesothelioma caused by secondary asbestos exposure from a worker’s clothes brought home to his wife.

  • Employer's liability
  • Secondary exposure to asbestos
  • Mesothelioma
  • Burden of proof
  • Causation
  • Historical evidence
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Employment law [2017] ScotSC 15

ANDREW MACLACHLAN AGAINST STRATHCLYDE PARTNERSHIP FOR TRANSPORT

ANDREW MACLACHLAN AGAINST STRATHCLYDE PARTNERSHIP FOR TRANSPORT [2017] ScotSC 15 (24 March 2017)

A sheriff held that blocked walkways in a workshop made the traffic route unsuitable, causing an employee to divert, trip on embedded rails, and injure his ankle.

  • Workplace safety
  • Employer's liability
  • Workplace (health, safety and welfare) regulations 1992
  • Statutory duty
  • Common law negligence
  • Contributory negligence
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Tort law [2015] ScotSC 71

SOMERVILLE v HARSCO INFRASTRUCTURE LIMITED

SOMERVILLE v HARSCO INFRASTRUCTURE LIMITED [2015] ScotSC 71 (17 November 2015)

Appeal against a finding of no vicarious liability was refused after the court held an employee’s hammer throw was a personal frolic, not course of employment.

  • Vicarious liability
  • Employer's liability
  • Personal injury
  • Course of employment
  • Horseplay at work
  • Vicarious-liability
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About this LexChat collection

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.