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Employment law [2013] ScotCS CSOH_157

McPake v SRCL Ltd

McPake v SRCL Ltd [2013] ScotCS CSOH_157 (24 September 2013)

A Scottish Court of Session case on a needlestick injury, where the employer was found liable for failing to provide suitable protective equipment.

  • Needlestick injury
  • Employers' liability
  • Personal protective equipment regulations 1992
  • Psychological injury
  • Damages assessment
  • Needlestick-injury
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Civil procedure [2011] ScotCS CSOH_211

Reynolds v North Lanarkshire Council

Reynolds v North Lanarkshire Council [2011] ScotCS CSOH_211 (09 December 2011)

The Court of Session held that Mary Reynolds's second personal injury action was barred by res judicata and granted decree of absolvitor to the council.

  • Res judicata
  • Negligence
  • Breach of statutory duty
  • Psychological injury
  • Employer's duty of care
  • Res-judicata
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Tort [2008] ScotCS CSOH_03

Bremner v. Bartlett

Bremner v. Bartlett [2008] ScotCS CSOH_03 (09 January 2008)

Road traffic personal injury claim. The court found the pursuer proved whiplash and psychological injury, but not that later cervical degeneration was accident-caused.

  • Causation of injury
  • Quantum of damages
  • Remoteness of damage
  • Loss of earnings
  • Psychological injury
  • Property loss
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Civil procedure [2006] ScotCS CSOH_160

Godfrey v. Quarriers

Godfrey v. Quarriers [2006] ScotCS CSOH_160 (10 October 2006)

The Court of Session held that Andrew Godfrey’s historic abuse claim was time-barred, rejected his section 19A case, and excluded irrelevant apology averments.

  • Limitation period
  • Prescription and limitation (scotland) act 1973
  • Section 17
  • Section 19a discretion
  • Historic child abuse
  • Personal injuries
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Civil procedure [2006] ScotCS CSOH_93

MP v O'Neill & Ors

MP v O'Neill & Ors [2006] ScotCS CSOH_93 (16 June 2006)

Historic child abuse claim on time-bar under section 17 of the 1973 Act. Lord Glennie held the psychological injury claim time-barred and refused section 19A relief.

  • Time-bar
  • Limitation period
  • Prescription
  • Child abuse claims
  • Psychological injury
  • Constructive knowledge
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Tort [2004] ScotCS 202

Emslie v. Bell

Emslie v. Bell [2004] ScotCS 202 (12 August 2004)

Road accident personal injury claim where liability was admitted and the court assessed damages for chronic back pain and adjustment disorder.

  • Road traffic accident
  • Damages assessment
  • Pre-existing medical condition
  • Psychological injury
  • Personal-injury
  • Road-traffic-accident
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Personal injury [2004] ScotCS 73

Donnelly v. FAS Products

Donnelly v. FAS Products [2004] ScotCS 73 (19 March 2004)

Quantum of damages after admitted liability for a severe hand injury. The court assessed prosthesis costs, loss of earnings, travelling expenses, and services claims.

  • Damages
  • Loss of earnings
  • Provision of prosthesis
  • Psychological injury
  • Necessary services
  • Future care costs
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Personal injury [2001] ScotCS 244

McCormack v CSC Forest Products Ltd

McCormack v CSC Forest Products Ltd [2001] ScotCS 244 (1 November 2001)

The court held that special cause existed to withhold a personal injury action from jury trial because the pleadings and damages claims were too complex.

  • Jury trial
  • Special cause
  • Negligence
  • Statutory duty
  • Damages
  • Loss of earnings
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Civil procedure [2001] ScotCS 75

Carnegie v Ministry Of Defence

Carnegie v Ministry Of Defence [2001] ScotCS 75 (28 March 2001)

Court of Session decision on time-bar, pleadings, and whether later psychological injury could be treated as a distinct claim.

  • Prescription and limitation (scotland) act 1973
  • Time-bar
  • Personal injuries
  • Continuing cause of action
  • Psychological injury
  • Pleadings and fair notice
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Tort [2000] ScotCS 184

Duthie v MacFish Ltd

Duthie v MacFish Ltd [2000] ScotCS 184 (6 July 2000)

Personal injury damages assessed after severe chemical eye burns caused total loss of one eye, damage to the other, and psychological injury.

  • Damages assessment
  • Contributory negligence
  • Loss of earnings
  • Psychological injury
  • Solatium
  • Necessary services
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