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Scotland Case Law

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Tort/delict [2023] ScotCS CSOH_17

X AGAINST Y AND OTHERS

X AGAINST Y AND OTHERS [2023] ScotCS CSOH_17 (02 March 2023)

The court held the Crown may be vicariously liable for two alleged sheriff assaults, but the delict claims for those incidents were time-barred. The Advocate General was dismissed.

  • Vicarious liability
  • Judicial office holders
  • Harassment
  • Limitation/prescription
  • Crown liability
  • Appropriate law officer
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Medical negligence [2018] CSOH 57

AH against Greater Glasgow Health Board and Johnson & Johnson Medical Ltd

AH against Greater Glasgow Health Board and Johnson & Johnson Medical Ltd [2018] CSOH 57 (06 January 2018)

Lead Scottish mesh cases on consent, defect, and time bar. The court narrowed the doctors’ case to risk warnings, allowed Consumer Protection Act claims, and reserved limitation issues.

  • Informed consent
  • Duty of care
  • Breach of duty
  • Causation
  • Consumer protection act 1987
  • Limitation/prescription
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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.