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Scotland decisions
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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.
George Carroll against Dumfries and Galloway Council (Court of Session) [2024] CSOH 81 (20 August 2024)
The Court of Session held that Dumfries and Galloway Council did not breach its duty of care by continuing an investigation and disciplinary process after a teacher developed depression.
JON WILLIAM DAVIE AGAINST POWERTEAM ELECTRICAL SERVICES (UK) LTD AND ANOTHER [2023] ScotCS CSOH_94 (19 December 2023)
The Court of Session dismissed a personal injury claim arising from a fall from a portacabin roof, holding the occupiers could not reasonably foresee the risk.
APPEAL BY NICOLA STEVEN WATT OR MURRAY AND OTHERS AGAINST LEND LEASE CONSTRUCTION LTD [2023] ScotCS CSIH_19 (21 April 2023)
The Inner House refused a reclaiming motion in an asbestos injury claim, holding the Lord Ordinary had made his own findings and did not err in relying on Abraham.
NICOLA STEVEN WATT AND OTHERS AGAINST LEND LEASE CONSTRUCTION (EUROPE) LIMITED [2022] ScotCS CSOH_23 (03 March 2022)
The Court of Session held that low-level asbestos exposure in 1963 was not reasonably foreseeable as injurious, and assoilzied the defenders.
MRS K AGAINST CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND [2020] ScotCS CSIH_18 (28 April 2020)
The Inner House allowed the appeal, holding that no vicarious-liability claim was made out against the Chief Constable on the pleaded facts.
FAIRLEY ELIZABETH FAIRLEY AGAINST EDINBURGH TRAMS LTD AND THE CITY OF EDINBURGH COUNCIL; AND IAIN LOWDEAN AGAINST TRANSPORT INITIATIVES EDINBURGH LTD AND THE CITY OF EDINBURGH COUNCIL [2019] ScotCS CSOH_50 (28 June 2019)
The Court of Session held the tram-road layouts at Haymarket and Princes Street created foreseeable hazards for cyclists and rejected contributory negligence.
MALONE AGAINST THE LORD ADVOCATE [2018] ScotCS CSOH_86 (17 August 2018)
The Court of Session refused to dismiss a workplace-stress claim for psychiatric injury, allowing proof before answer despite criticisms of the pleadings.
ANDERSON AGAINST JOHN IMRIE AND ANTOINETTE IMRIE [2018] ScotCS CSIH_14 (15 March 2018)
The Inner House refused a reclaiming motion in a child-supervision negligence case arising from a farm accident, upholding liability against Antoinette Imrie.
DANIEL KAIZER (AP) AGAINST THE SCOTTISH MINISTERS [2017] ScotCS CSOH_110 (22 August 2017))
The Court of Session held the Scottish Ministers liable after a prison officer failed to report a specific threat by one prisoner against another.
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