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Scotland Case Law

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Tort [2026] CSOH 18

Scott McSeveney against Aviva Insurance Ltd (Court of Session)

Scott McSeveney against Aviva Insurance Ltd (Court of Session) [2026] CSOH 18 (05 March 2026)

The Court of Session refused, for now, a motion to dismiss a personal injury action for alleged fundamental dishonesty, allowing a possible renewed motion later.

  • Fundamental dishonesty
  • Abuse of process
  • Quantum of damages
  • Personal injury
  • Road traffic accident
  • Fundamental-dishonesty
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Civil procedure [2024] CSIH 26

Reclaiming Motion in the cause Laura McCluskey against Scott Wilson Scotland Ltd (Court of Session)

Reclaiming Motion in the cause Laura McCluskey against Scott Wilson Scotland Ltd (Court of Session) [2024] CSIH 26 (28 August 2024)

The Inner House upheld a res judicata plea in a Watling Street contamination claim, holding that the lead action had already determined the generic duty and breach issues.

  • Res judicata
  • Abuse of process
  • Professional negligence
  • Group litigation
  • Personal injury
  • Case management
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Housing law [2024] ScotCS CSOH_56

SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD

SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD [2024] ScotCS CSOH_56 (05 June 2024)

The Court of Session dismissed coordinated claims by tenants alleging contaminated land made their homes unfit and caused illness, finding no proved breach or causation.

  • Fitness for human habitation
  • Contaminated land
  • Personal injury
  • Statutory duties of landlords
  • Causation in tort
  • Fitness-for-human-habitation
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Tort [2024] SC GLA 5

ANDREW GILCHRIST AGAINST GOVAN DENTAL CENTRE AND RABIAH IQBAL

ANDREW GILCHRIST AGAINST GOVAN DENTAL CENTRE AND RABIAH IQBAL [2024] SC GLA 5 (26 January 2024)

The sheriff court dismissed a dental negligence claim, holding that the defenders did not breach the required standard of care and negligence was not proved.

  • Dental negligence
  • Personal injury
  • Dental-negligence
  • Medical-negligence
  • Personal-injury
  • Scottish-sheriff-court
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Tort [2024] SC GLA 5

ANDREW GILCHRIST AGAINST GOVAN DENTAL CENTRE AND RABIAH IQBAL

ANDREW GILCHRIST AGAINST GOVAN DENTAL CENTRE AND RABIAH IQBAL [2024] SC GLA 5 (26 January 2024)

A Scottish Sheriff Court dismissed a dental negligence claim, finding the pursuer failed to prove negligence or that any loss was caused by the defenders.

  • Dental negligence
  • Personal injury
  • Professional liability
  • Dental-negligence
  • Medical-negligence
  • Personal-injury
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Tort [2023] ScotCS CSOH_11

C&S AGAINST NORMAN SHAW AND LIVE ACTIVE LEISURE LTD

C&S AGAINST NORMAN SHAW AND LIVE ACTIVE LEISURE LTD [2023] ScotCS CSOH_11 (14 February 2023)

The court held Norman Shaw liable for sexual abuse, but refused to hold Live Active Leisure Limited vicariously liable because the abuse was not closely connected to his employment.

  • Vicarious liability
  • Sexual abuse
  • Employer liability
  • Personal injury
  • Vicarious-liability
  • Sexual-abuse
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Public law [2022] ScotCS CSIH_45

SIMON MORRISON AGAINST MAPFRE MIDDLESEA INSURANCE PLC AND OTHERS

SIMON MORRISON AGAINST MAPFRE MIDDLESEA INSURANCE PLC AND OTHERS [2022] ScotCS CSIH_45 (06 October 2022)

The Court of Session held that Transport for Malta was immune from suit under section 14(2) of the State Immunity Act 1978 in a road-safety negligence claim.

  • State immunity
  • Sovereign authority
  • Jurisdiction
  • Personal injury
  • Governmental acts
  • State-immunity
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Tort [2022] ScotCS CSOH_62

LEIGH FENWICK AND OTHERS AGAINST LEON DUNDAS AND OTHERS SD AGAINST GRAMPIAN HEALTH BOARD

LEIGH FENWICK AND OTHERS AGAINST LEON DUNDAS AND OTHERS SD AGAINST GRAMPIAN HEALTH BOARD [2022] ScotCS CSOH_62 (07 September 2022) (07 September 2022)

Personal injury claim over a collapsed common platt in Montrose. The court refused dismissal, holding the pleadings sufficient to go to proof, but excluded some irrelevant averments.

  • Occupiers' liability
  • Personal injury
  • Duty of care
  • Landlord's obligations
  • Pleadings
  • Res ipsa loquitur
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Aviation law [2022] ScotSC CSOH_40

COLIN MATHER AGAINST (FIRST) EASYJET AIRLINE COMPANY LIMITED and (SECOND) DRK HAMBURG MEDISERVICE gGmbH

COLIN MATHER AGAINST (FIRST) EASYJET AIRLINE COMPANY LIMITED and (SECOND) DRK HAMBURG MEDISERVICE gGmbH [2022] ScotSC CSOH_40 (18 May 2022)

A Scottish Court of Session case on Montreal Convention liability: easyJet was held liable without limit for a wheelchair disembarkation injury at Hamburg Airport.

  • Montreal convention 1999
  • Carrier liability
  • Limitation of liability
  • Agency
  • Contribution between wrongdoers
  • Personal injury
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Tort [2021] ScotCS CSOH_120

FENRIR THORVALDSEN AGAINST DUNDEE CITY COUNCIL

FENRIR THORVALDSEN AGAINST DUNDEE CITY COUNCIL [2021] ScotCS CSOH_120 (02 December 2021)

In a Scottish personal injury action, the court held the pursuer recovered from post-concussion syndrome within seven weeks and awarded limited damages only.

  • Employer liability
  • Personal injury
  • Causation of injury
  • Damages assessment
  • Personal-injury
  • Causation
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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.