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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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Family law [2026] SCKDY 45

SG against EK and ELK (Sheriff Court Civil)

SG against EK and ELK (Sheriff Court Civil) [2026] SCKDY 45 (19 December 2025)y

A Scottish sheriff refused a grandmother’s contact action, holding that contact was not in the child’s best interests after serious risk and abuse concerns.

  • Contact orders
  • Best interests of the child
  • Parental responsibility
  • Child welfare
  • Risk of harm
  • Sexual abuse
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Tort [2023] ScotCS CSIH_36

RECLAIMING MOTIONS BY C & S AGAINST NORMAN SHAW AND LIVE ACTIVE LEISURE

RECLAIMING MOTIONS BY C & S AGAINST NORMAN SHAW AND LIVE ACTIVE LEISURE [2023] ScotCS CSIH_36 (13 October 2023)

The Inner House refused reclaiming motions in a vicarious liability appeal arising from sexual abuse by a head caretaker, holding the abuse was not closely connected to his employment.

  • Vicarious liability
  • Sexual abuse
  • Employer liability
  • Vicarious-liability
  • Sexual-abuse
  • Employer-liability
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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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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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Civil law [2015] ScotCS CSIH_26

E.A., AGAINST G.N.

E.A., AGAINST G.N. [2015] ScotCS CSIH_26 (07 April 2015)

Innher House appeal on a time-barred sexual abuse reparation claim under section 19A was refused, and the cross-appeal on liability after age 16 also failed.

  • Sexual abuse
  • Prescription and limitation (scotland) act 1973 section 19a
  • Reparation
  • Consent
  • Time-bar
  • Damages
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Family law [2014] ScotCS CSIH_70

OPINION OF THE COURT DELIVERED BY LADY SMITH IN THE STATED CASE FOR THE OPINION OF THE COURT OF SESSION IN THE APPEAL UNDER SECTION 51(11(B) ) OF THE CHILDREN (SCOTLAND) ACT 1995 BY J.S. AGAINST ALAN MULROONEY

OPINION OF THE COURT DELIVERED BY LADY SMITH IN THE STATED CASE FOR THE OPINION OF THE COURT OF SESSION IN THE APPEAL UNDER SECTION 51(11(B) ) OF THE CHILDREN (SCOTLAND) ACT 1995 BY J.S. AGAINST ALAN MULROONEY [2014] ScotCS CSIH_70 (29 July 2014)

The Inner House upheld a sheriff’s finding that grounds of referral were established for a newborn child, rejecting arguments that the reasons were inadequate.

  • Grounds of referral
  • Adequacy of reasons
  • Parental neglect
  • Sexual abuse
  • Emotional abuse
  • Summary procedure
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Tort [2013] ScotCS CSOH_185

C.W. v Trustees of the Archdiocese of St. Andrews and Edinburgh

C.W. v Trustees of the Archdiocese of St. Andrews and Edinburgh [2013] ScotCS CSOH_185 (03 December 2013)

The Outer House held that a child sexual abuse claim against the Archdiocese was time-barred and refused section 19A relief, dismissing the action.

  • Vicarious liability
  • Sexual abuse
  • Limitation period
  • Court discretion under section 19a
  • Vicarious-liability
  • Limitation-period
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Personal injury [2013] ScotCS CSOH_161

E.A. (AP) v. G.N. (AP)

E.A. (AP) v. G.N. (AP) [2013] ScotCS CSOH_161 (08 October 2013)

The Court of Session held that a pursuer could proceed with a time-barred delict action for childhood sexual abuse and awarded £70,000 in damages.

  • Sexual abuse
  • Prescription and limitation (scotland) act 1973
  • Judicial discretion under s.19a
  • Damages assessment
  • Childhood trauma and delayed reporting
  • Childhood-sexual-abuse
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Tort [2008] ScotCS CSOH_165

A v N

A v N [2008] ScotCS CSOH_165 (05 December 2008)

The court allowed a sexual abuse damages action to proceed out of time under section 19A, finding it equitable despite a time bar and possible solicitor negligence.

  • Sexual abuse
  • Limitation period
  • Section 19a discretion
  • Negligence of solicitors
  • Equitable relief
  • Limitation-of-actions
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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.