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Scotland Case Law

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Employment law [2013] ScotCS CSOH_157

McPake v SRCL Ltd

McPake v SRCL Ltd [2013] ScotCS CSOH_157 (24 September 2013)

A Scottish Court of Session case on a needlestick injury, where the employer was found liable for failing to provide suitable protective equipment.

  • Needlestick injury
  • Employers' liability
  • Personal protective equipment regulations 1992
  • Psychological injury
  • Damages assessment
  • Needlestick-injury
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Tort [2004] ScotCS 226

Pettigrew v. Tilbury Douglas Construction Ltd

Pettigrew v. Tilbury Douglas Construction Ltd [2004] ScotCS 226 (07 October 2004)

The Outer House held the third party employer was not liable to contribute after a workplace ladder fall, finding the pursuer himself solely responsible.

  • Employers' liability
  • Contribution between tortfeasors
  • Contributory negligence
  • Occupational safety
  • Attribution of fault to company directors
  • Admissibility of documentary evidence
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Tort [1923] ScotLR 473

Connell v. James Nimmo & Co., Ltd

Connell v. James Nimmo & Co., Ltd [1923] ScotLR 473 (25 May 1923)

The Court of Session held that a dangerous accumulation of gas in a mine could be a defect in ways and works under the Employers' Liability Act 1880.

  • Employers' liability
  • Master and servant
  • Industrial accidents
  • Statutory interpretation
  • Mine safety
  • Employers-liability-act-1880
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Employment law [1914] ScotLR 529

Cook v. Bonnybridge Silica and Fireclay Co., Ltd

Cook v. Bonnybridge Silica and Fireclay Co., Ltd [1914] ScotLR 529 (20 March 1914)

The Court of Session held that an appeal in a fatal workplace damages action was incompetent, because section 14 of the 1906 Act limited review to questions of law.

  • Workmen's compensation
  • Employers' liability
  • Appeal competency
  • Statutory interpretation
  • Workmen-s-compensation
  • Employers-liability
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Tort [1911] ScotLR 140

Campbell v. United Collieries, Ltd

Campbell v. United Collieries, Ltd [1911] ScotLR 140 (25 November 1911)

The Court of Session held that a pursuer’s averments about an unfenced wheel in a colliery were relevant at common law and under the Employers’ Liability Act 1880.

  • Master and servant
  • Employers' liability
  • Contributory negligence
  • Defective plant
  • Common law liability
  • Employers-liability-act-1880
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Civil procedure [1911] ScotLR 629

Lawrie v. The Banknock Coal Co., Ltd

Lawrie v. The Banknock Coal Co., Ltd [1911] ScotLR 629 (17 March 1911)

The Court of Session held that a father's action for damages over his son's death could competently be remitted for jury trial, despite objections based on the Workmen's Compensation Act 1906.

  • Competency of appeal
  • Removal to court of session
  • Workmen's compensation
  • Employers' liability
  • Statutory interpretation
  • Competency-of-appeal
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Employment law [1910] ScotLR 245

Brown v. Glenboig Union Fireclay Co., Ltd

Brown v. Glenboig Union Fireclay Co., Ltd [1910] ScotLR 245 (25 November 1910)

The Court of Session held it was competent to remit a Sheriff Court work-related damages action for jury trial in the Court of Session despite section 14 of the 1906 Act.

  • Removal of cause
  • Jury trial
  • Workmen's compensation
  • Employers' liability
  • Civil-procedure
  • Jury-trial
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Civil procedure [1909] ScotLR 920

Bond v. Dalmeny Oil Co., Ltd

Bond v. Dalmeny Oil Co., Ltd [1909] ScotLR 920 (15 July 1909)

The Court of Session set aside a sheriff jury verdict as contrary to the evidence, ordered a new trial, and awarded the appeal expenses against the pursuer.

  • Expenses on appeal
  • New trial
  • Employers' liability
  • Damages for death
  • Expenses-on-appeal
  • New-trial
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Tort [1909] ScotLR 890

M'Grath v. Glasgow Coal Co., Ltd

M'Grath v. Glasgow Coal Co., Ltd [1909] ScotLR 890 (13 July 1909)

A miner’s injury claim was dismissed because the pleadings failed to separate common law negligence from Employers’ Liability Act allegations.

  • Employers' liability
  • Pleading requirements
  • Negligence
  • Statutory duty
  • Coal mine safety
  • Pleading-requirements
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Employment law [1908] ScotLR 42

Littlejohn v. John Brown & Co., Ltd

Littlejohn v. John Brown & Co., Ltd [1908] ScotLR 42 (06 November 1908)

The Court of Session ordered a new trial, holding that a rivet-heater injured in a shipyard was not shown to be in the defenders' employment under the Employers' Liability Act 1880.

  • Master and servant
  • Employers' liability
  • Pleadings
  • Negligence
  • Contract of employment
  • Piece-work
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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.