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Scotland Case Law

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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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Employment-law [2025] SACCIV 7

Tracey McGill against RM Property and Facilities Solutions LTD (Sheriff Appeal Court Civil)

Tracey McGill against RM Property and Facilities Solutions LTD (Sheriff Appeal Court Civil) [2025] SACCIV 7 (05 March 2025)

The Sheriff Appeal Court refused an employee’s appeal, holding she had not given fair notice of negligence claims based on a protective screen or risk assessment.

  • Employer's-duty-of-care
  • Workplace-mental-health
  • Harassment
  • Negligence
  • Pleadings-and-fair-notice
  • Fair-notice
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Employment-law [2024] CSOH 81

George Carroll against Dumfries and Galloway Council (Court of Session)

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.

  • Employer's-duty-of-care
  • Psychiatric-injury
  • Foreseeability
  • Disciplinary-proceedings
  • Reasonableness-of-employer-actions
  • Employment-law
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Medical-negligence [2023] ScotCS CSOH_1

VIOLET PATERSON AND OTHERS AGAINST LANARKSHIRE HEALTH BOARD

VIOLET PATERSON AND OTHERS AGAINST LANARKSHIRE HEALTH BOARD [2023] ScotCS CSOH_1 (06 January 2023)

Scottish Court of Session case finding Lanarkshire Health Board liable for negligent psychiatric discharge planning that contributed to a patient’s suicide.

  • Duty-of-care
  • Breach-of-duty
  • Causation
  • Standard-of-care
  • Psychiatric-injury
  • Damages-for-death
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Tort [2022] ScotCS CSOH_50

SHARON COSSEY AGAINST THE BUCCLEUCH ESTATES LTD

SHARON COSSEY AGAINST THE BUCCLEUCH ESTATES LTD [2022] ScotCS CSOH_50 (27 July 2022)

The court awarded limited damages for short-term soft tissue injuries but rejected a claim that a fall exacerbated the pursuer’s pre-existing somatoform symptom disorder.

  • Somatoform-symptom-disorder
  • Exacerbation-of-pre-existing-condition
  • Assessment-of-damages
  • Credibility-of-witness
  • Personal-injury
  • Psychiatric-injury
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Personal-injury [2022] ScotCS CSOH_46

D AGAINST THE BISHOP'S CONFERENCE OF SCOTLAND

D AGAINST THE BISHOP'S CONFERENCE OF SCOTLAND [2022] ScotCS CSOH_46 (30 June 2022)

The Court of Session held that admitted historic sexual abuse materially caused the pursuer to leave the priesthood and awarded solatium and consequential loss.

  • Sexual-abuse
  • Causation
  • Loss-of-earnings
  • Solatium
  • Consequential-loss
  • Psychiatric-injury
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Employment-law [2022] ScotCS CSOH_44

T AGAINST W

T AGAINST W [2022] ScotCS CSOH_44 (27 May 2022)

The Outer House dismissed a teacher’s claim that workplace competence and disciplinary procedures caused psychiatric injury, finding no negligence and no foreseeable vulnerability.

  • Employer's-duty-of-care
  • Psychiatric-injury
  • Workplace-stress
  • Competence-procedures
  • Occupational-health
  • Disciplinary-process
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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
  • Causation
  • Head-injury
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Tort [2021] ScotCS CSOH_102

A AGAINST GLASGOW CITY COUNCIL

A AGAINST GLASGOW CITY COUNCIL [2021] ScotCS CSOH_102 (13 October 2021)

The Court of Session held Glasgow City Council vicariously liable for a foster carer’s sexual abuse and awarded damages for psychiatric injury and related losses.

  • Vicarious-liability
  • Child-sexual-abuse
  • Quantum-of-damages
  • Psychiatric-injury
  • Loss-of-earnings
  • Damages-assessment
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Employment-law [2020] ScotCS CSIH_18

MRS K AGAINST CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND

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.

  • Vicarious-liability
  • Duty-of-care
  • Psychiatric-injury
  • Fair-treatment-in-disciplinary-proceedings
  • Foreseeability
  • 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.