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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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Tort [2025] SCGLA 88

Muhammad Suleman against One Insurance LTD (Sheriff Court Civil)

Muhammad Suleman against One Insurance LTD (Sheriff Court Civil) [2025] SCGLA 88 (10 October 2025)

The sheriff found a rear-end collision caused by the defender’s insured, awarded £1,750 solatium and £120 inspection costs, and reserved expenses.

  • Negligence
  • Road traffic accident
  • Damages
  • Solatium
  • Causation
  • Rights against insurers
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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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Tort [2018] ScotCS CSOH_65

A AGAINST C AND B AGAINST C

A AGAINST C AND B AGAINST C [2018] ScotCS CSOH_65 (15 June 2018)

Court of Session damages decision in two sexual abuse actions. Liability was already established; the court assessed solatium, loss of earning capacity, and therapy costs.

  • Solatium
  • Loss of earning capacity
  • Medical expenses
  • Interest on damages
  • Sexual-abuse-damages
  • Loss-of-earning-capacity
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Tort [2017] ScotCS CSOH_48

Santhong Phensrisai v Yutikan

Santhong Phensrisai v Yutikan [2017] ScotCS CSOH_48 (23 March 2017)

Personal injury damages were awarded after a road traffic accident, with the court assessing solatium, services, wage loss, lost items and costs.

  • Assessment of damages
  • Solatium
  • Past services
  • Past wage loss
  • Future wage loss
  • Loss of earning capacity
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Tort [2016] ScotSC 44

STEPHEN McFADDEN AGAINST ARMANDO MARGIOTTA AND UK INSURANCE Ltd

STEPHEN McFADDEN AGAINST ARMANDO MARGIOTTA AND UK INSURANCE Ltd [2016] ScotSC 44 (22 June 2016)

The sheriff accepted eyewitness evidence that a road traffic collision occurred and awarded the pursuer damages for solatium, repairs, and limited credit hire.

  • Motor vehicle accident
  • Liability
  • Quantum of damages
  • Credit hire
  • Solatium
  • Road-traffic-accident
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Tort [2016] ScotSC 43

ANDY HEER AGAINST ASDA STORES Ltd

ANDY HEER AGAINST ASDA STORES Ltd [2016] ScotSC 43 (22 June 2016)

After admitting liability for a store accident, the defenders were ordered to pay damages for a soft tissue ankle injury, services, and expenses.

  • Damages assessment
  • Soft tissue injury
  • Solatium
  • Services claim
  • Out-of-pocket expenses
  • Personal-injury
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Personal injury [2012] ScotSC 112

DAVID JAFFRAY v. SABRE INSURANCE COMPANY LIMITED

DAVID JAFFRAY v. SABRE INSURANCE COMPANY LIMITED [2012] ScotSC 112 (02 December 2012)

Appeal against a low solatium award for a minor neck injury was refused; the sheriff principal held the award was not out of all proportion.

  • Road traffic accident
  • Quantum of damages
  • Solatium
  • Assessment of damages
  • Judicial guidelines
  • Personal-injury
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Tort law [2012] ScotSC 18

MS DOMINIQUE MULLEN v. CHURCHILL INSURANCE COMPANY LIMITED

MS DOMINIQUE MULLEN v. CHURCHILL INSURANCE COMPANY LIMITED [2012] ScotSC 18 (14 February 2012)

Sheriff Reid awarded Ms Dominique Mullen £2,350 for road traffic accident injuries, finding a fairly straightforward soft tissue case with modest but real impact.

  • Road traffic accident
  • Negligence
  • Damages assessment
  • Solatium
  • Whiplash injury
  • Pain and suffering
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Personal injury [2011] ScotSC 177

KENNETH SMITH v. DIRECT LINE INSURANCE PLC

KENNETH SMITH v. DIRECT LINE INSURANCE PLC [2011] ScotSC 177 (14 November 2011)

Appeal refused in a whiplash solatium case; the Sheriff Principal held the £2,000 award fell within a reasonable bracket and was not plainly wrong.

  • Assessment of damages
  • Judicial discretion
  • Road traffic accident
  • Solatium
  • Appeal standards
  • Personal-injury
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