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Scotland Case Law

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Product liability [2025] SCEDIN 40

Denise Parks against LG Electronics UK Ltd (National Personal Injury Court)

Denise Parks against LG Electronics UK Ltd (National Personal Injury Court) [2025] SCEDIN 40 (18 July 2025)

The sheriff held that a fire was caused by a defect in an LG K8 (2017) phone battery, finding the defender liable under the Consumer Protection Act 1987.

  • Defective products
  • Statutory duty
  • Causation
  • Damages
  • Expert evidence
  • Product-liability
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Administrative law [2023] ScotIC 021_2023

Highland Council (Incidents on specified road - failure to respond)

Highland Council (Incidents on specified road - failure to respond) [2023] ScotIC 021_2023 (16 March 2023)

The Scottish Information Commissioner upheld an application against Highland Council for failing to respond in time to an information request under FOISA.

  • Failure to respond
  • Statutory duty
  • Public authority obligations
  • Freedom-of-information
  • Failure-to-respond
  • Public-authority-obligations
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Environmental law [2019] ScotCS CSOH_5

DEWAN, RAMESH DEWAN AGAINST THE FIFE COUNCIL

DEWAN, RAMESH DEWAN AGAINST THE FIFE COUNCIL [2019] ScotCS CSOH_5 (22 January 2019)

The Court of Session dismissed a damages action over waste stored at a Dunfermline site, holding the pleadings did not relevantly support liability or avoid prescription.

  • Waste management
  • Statutory duty
  • Prescription
  • Damage assessment
  • Environmental-law
  • Waste-management
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Employment law [2017] ScotSC 15

ANDREW MACLACHLAN AGAINST STRATHCLYDE PARTNERSHIP FOR TRANSPORT

ANDREW MACLACHLAN AGAINST STRATHCLYDE PARTNERSHIP FOR TRANSPORT [2017] ScotSC 15 (24 March 2017)

A sheriff held that blocked walkways in a workshop made the traffic route unsuitable, causing an employee to divert, trip on embedded rails, and injure his ankle.

  • Workplace safety
  • Employer's liability
  • Workplace (health, safety and welfare) regulations 1992
  • Statutory duty
  • Common law negligence
  • Contributory negligence
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Administrative law [2015] ScotCS CSOH_85

Stewart, Re Petition for Interdict

Stewart, Re Petition for Interdict [2015] ScotCS CSOH_85 (25 June 2015)

The Court of Session dismissed a petition challenging a Nursing and Midwifery Council referral decision, holding the investigation was not irrational despite delay.

  • Fitness to practise
  • Statutory duty
  • Delay
  • Judicial review
  • Regulatory investigation
  • Fitness-to-practise
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Employment law [2014] ScotCS CSOH_118

KATHRYN HAY v ADVANCED STAIRLIFTS (SCOTLAND) Ltd

KATHRYN HAY v ADVANCED STAIRLIFTS (SCOTLAND) Ltd [2014] ScotCS CSOH_118 (01 August 2014)

Personal injury claim under PUWER. The court held the employer liable after a surveyor slipped and was injured while using an expandable metre stick on stairs.

  • Employer's liability
  • Work equipment suitability
  • Statutory duty
  • Contributory negligence
  • Employer-liability
  • Work-equipment-safety
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Personal injury [2013] ScotCS CSOH_194

EMMA STALKER v. GREATER GLASGOW HEALTH BOARD

EMMA STALKER v. GREATER GLASGOW HEALTH BOARD [2013] ScotCS CSOH_194 (13 December 2013)

Personal injury claim over a fall on hospital steps failed after the court found the steps had adequate slip resistance and no breach of duty was proved.

  • Workplace safety
  • Slip and fall
  • Workplace (health, safety and welfare) regulations 1992
  • Negligence
  • Statutory duty
  • Personal-injury
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Employment law [2013] ScotCS CSOH_181

Campbell v Peter Gordon Joiners Ltd & Ors

Campbell v Peter Gordon Joiners Ltd & Ors [2013] ScotCS CSOH_181 (26 November 2013)

The Court of Session held that section 5 of the Employers Liability (Compulsory Insurance) Act 1969 could found civil liability against a director, but rejected the pursuer’s common law duty case.

  • Employers' liability insurance
  • Director's civil liability
  • Statutory duty
  • Common law duty
  • Economic loss
  • Employers-liability-insurance
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Personal injury [2013] ScotCS CSOH_141

McKeown v Inverclyde Council

McKeown v Inverclyde Council [2013] ScotCS CSOH_141 (22 August 2013)

The court held Inverclyde Council liable after finding that a school janitor slipped on ice at work and that the defenders had failed to implement a reasonable gritting system.

  • Workplace safety
  • Statutory duty
  • Slip and fall
  • Reasonably practicable
  • Contributory negligence
  • Workplace-safety
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Child protection [2013] ScotCS CSOH_118

Glasgow City Council, Re Judicial Review

Glasgow City Council, Re Judicial Review [2013] ScotCS CSOH_118 (10 July 2013)

The Court of Session held that a child protection order for children already subject to ongoing 1995 Act proceedings was incompetent under the transitional 2013 Order.

  • Children's hearings (scotland) act 2011
  • Children (scotland) act 1995
  • Transitional provisions
  • Statutory duty
  • Competency of orders
  • Child-protection
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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.