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Tort [2026] CSOH 5

DBAK against The Governors of the Fettes Trust (Court of Session)

DBAK against The Governors of the Fettes Trust (Court of Session) [2026] CSOH 5 (29 January 2026)

A former Fettes pupil succeeded in a sexual abuse damages claim for solatium, but failed to prove that the abuse caused loss of earnings or pension loss.

  • Vicarious liability
  • Sexual abuse
  • Damages assessment
  • Psychiatric injury
  • Loss of earnings
  • Solatium
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Tort [2018] ScotCS CSOH_65

A AGAINST C AND B AGAINST C

A AGAINST C AND B AGAINST C [2018] ScotCS CSOH_65 (15 June 2018)

Court of Session damages decision in two sexual abuse actions. Liability was already established; the court assessed solatium, loss of earning capacity, and therapy costs.

  • Solatium
  • Loss of earning capacity
  • Medical expenses
  • Interest on damages
  • Sexual-abuse-damages
  • Loss-of-earning-capacity
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Property law [2014] ScotSC 96

SUSAN STRICKLAND AGAINST BLEMAIN FINANCE LTD

SUSAN STRICKLAND AGAINST BLEMAIN FINANCE LTD [2014] ScotSC 96 (13 October 2014)

Appeal from a sheriff’s decision on damages for sale of repossessed heritable property. The sheriff principal upheld the damages award but allowed interest from 1 March 2010.

  • Damages for failure to obtain best price on sale of repossessed property
  • Interest on damages
  • Assessment of damages
  • Statutory duties under conveyancing and feudal reform (scotland) act 1970
  • Interest-on-damages
  • Assessment-of-damages
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Personal injury [2014] ScotCS CSOH_121

McCARN & Ors v SECRETARY OF STATE FOR BUSINESS, INNOVATON AND SKILLS

McCARN & Ors v SECRETARY OF STATE FOR BUSINESS, INNOVATON AND SKILLS [2014] ScotCS CSOH_121 (05 August 2014)

The Court of Session awarded £35,000 each to five adult children for loss under section 4(3)(b) after their father died of mesothelioma.

  • Quantification of damages
  • Mesothelioma
  • Damages (scotland) act 2011 section 4(3)(b)
  • Loss of society and guidance
  • Interest on damages
  • Personal-injury
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Tort law [2012] ScotSC 18

MS DOMINIQUE MULLEN v. CHURCHILL INSURANCE COMPANY LIMITED

MS DOMINIQUE MULLEN v. CHURCHILL INSURANCE COMPANY LIMITED [2012] ScotSC 18 (14 February 2012)

Sheriff Reid awarded Ms Dominique Mullen £2,350 for road traffic accident injuries, finding a fairly straightforward soft tissue case with modest but real impact.

  • Road traffic accident
  • Negligence
  • Damages assessment
  • Solatium
  • Whiplash injury
  • Pain and suffering
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Personal injury [2011] ScotCS CSOH_159

Wolff & Ors v John Moulds (Kilmarnock) Ltd & Anor

Wolff & Ors v John Moulds (Kilmarnock) Ltd & Anor [2011] ScotCS CSOH_159 (29 September 2011)

Fatal mesothelioma damages case in the Court of Session, with awards made for solatium, services, loss of support, and bereavement to the deceased's family.

  • Mesothelioma
  • Asbestos exposure
  • Damages
  • Bereavement
  • Loss of support
  • Funeral expenses
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Commercial law [2011] ScotCS CSOH_153

Farstad Supply AS v Enviroco Ltd

Farstad Supply AS v Enviroco Ltd [2011] ScotCS CSOH_153 (14 September 2011)

The Court of Session fixed pre-decree interest on agreed damages at 8% until 4 December 2008 and 4% thereafter, keeping post-decree interest at 8%.

  • Interest on damages
  • Judicial rate of interest
  • Compensatory principle
  • Statutory discretion
  • Pre-judgment-interest
  • Damages
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Tort [2010] ScotSC 27

Buxton v. Direct Line Insurance Plc

Buxton v. Direct Line Insurance Plc [2010] ScotSC 27 (29 December 2010)

Personal injury claim from a road traffic accident. The court awarded £2,000 solatium and £50 for inconvenience, with interest and an expenses hearing.

  • Road traffic accident
  • Personal injury
  • Damages assessment
  • Solatium
  • Inconvenience
  • Interest on damages
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Personal injury [2010] ScotCS CSOH_164

Smith v. Opportunus Fishing Company Ltd & Ors

Smith v. Opportunus Fishing Company Ltd & Ors [2010] ScotCS CSOH_164 (10 December 2010)

Personal injury reparation case about damages after a fishing-boat accident, including headache causation, mild brain injury, earnings loss, services, and deducted payments.

  • Damages assessment
  • Loss of earnings
  • Loss of earning capacity
  • Services claims
  • Loan deductions
  • Permanent impairment
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Tort [2010] ScotCS CSOH_50

Lyons v WM Morrison Supermarkets PLC

Lyons v WM Morrison Supermarkets PLC [2010] ScotCS CSOH_50 (01 April 2010)

The court assessed damages for a supermarket worker whose workplace accidents accelerated chronic low back pain from a pre-existing spinal degeneration.

  • Assessment of damages
  • Solatium
  • Aggravation of pre-existing condition
  • Causation
  • Interest on damages
  • Personal-injury
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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.