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Scotland Case Law

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Criminal law [2021] ScotHC HCJAC_13

APPEAL AGAINST SENTENCE BY CALLUM RAE AGAINST HER MAJESTY'S ADVOCATE

APPEAL AGAINST SENTENCE BY CALLUM RAE AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_13 (05 March 2021)

The High Court refused an appeal against sentence for rape of a child under 13 and failure to appear, holding that belief about age did not justify a non-custodial disposal.

  • Sentencing
  • Sexual offences
  • Strict liability
  • Rape of a child under 13
  • Mitigation
  • Youth offenders
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Criminal law [2017] ScotHC HCJAC_70

O'Rourke, REFERENCE OF A COMPATIBILITY ISSUE UNDER SECTION 288ZB(1) OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 IN CAUSE v HER MAJESTY'S ADVOCATE

O'Rourke, REFERENCE OF A COMPATIBILITY ISSUE UNDER SECTION 288ZB(1) OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 IN CAUSE v HER MAJESTY'S ADVOCATE [2017] ScotHC HCJAC_70 (13 September 2017)

The High Court of Justiciary held that section 39(2)(a)(i) of the Sexual Offences (Scotland) Act 2009 was compatible with Articles 6, 8, and 14 ECHR.

  • Sexual offences
  • Defences in criminal law
  • European convention on human rights
  • Strict liability
  • Children and young persons
  • Discrimination
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Tort [2017] ScotSC 26

BRITISH TELECOMMUNICATIONS PLC v SCOTTISH WATER AND TPT CIVIL ENGINEERING Ltd

BRITISH TELECOMMUNICATIONS PLC v SCOTTISH WATER AND TPT CIVIL ENGINEERING Ltd [2017] ScotSC 26 (25 April 2017)

A Scottish sheriff court decided expenses after a tender was accepted in a cable-damage claim, allocating costs between the pursuers, defenders, and third party.

  • Strict liability
  • Expenses
  • Relief
  • Tender procedure
  • Tender
  • Third-party-procedure
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Tort [2017] ScotCS CSOH_42

D Geddes (Contractors) Ltd v Neil Johnson Health & Safety Services Ltd

D Geddes (Contractors) Ltd v Neil Johnson Health & Safety Services Ltd [2017] ScotCS CSOH_42 (14 March 2017)

A Scottish Court of Session case on whether a quarry operator can recover a criminal fine from a health and safety adviser under ex turpi causa.

  • Ex turpi causa
  • Strict liability
  • Professional negligence
  • Recoverability of criminal penalties
  • Public policy
  • Ex-turpi-causa
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Health and safety [2015] ScotSC 22

DION WILKINSON AGAINST HJALTLAND HOUSING ASSOCIATION Ltd

DION WILKINSON AGAINST HJALTLAND HOUSING ASSOCIATION Ltd [2015] ScotSC 22 (20 March 2015)

The sheriff held the defenders liable in a workplace accident claim arising from an unmarked hole left after removal of a water feature.

  • Workplace (health, safety and welfare) regulations 1992
  • Occupiers liability (scotland) act 1960
  • Strict liability
  • Control of premises
  • Duty of care
  • Independent contractor liability
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Employment law [2014] ScotCS CSOH_156

Wilson v (First) North Star Shipping (Aberdeen) Ltd & Anor

Wilson v (First) North Star Shipping (Aberdeen) Ltd & Anor [2014] ScotCS CSOH_156 (29 October 2014)

The court held both defenders liable for a maritime workplace injury during a sample transfer, but reduced damages for the pursuer's contributory negligence.

  • Employer's liability
  • Risk assessment
  • Contributory negligence
  • Strict liability
  • Merchant shipping and fishing vessels (health and safety at work) regulations 1997
  • Maritime-personal-injury
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Tort [2014] ScotCS CSIH_46

Cora Foundation & Anor v East Dunbartonshire Council & Anor

Cora Foundation & Anor v East Dunbartonshire Council & Anor [2014] ScotCS CSIH_46 (27 May 2014)

The Inner House held that riot damage at St Mary’s School Kenmure fell within section 10 of the Riotous Assemblies (Scotland) Act 1822, so the council remained liable.

  • Riot damage
  • Strict liability
  • Statutory interpretation
  • Compensation for property damage
  • Riot-damage
  • Statutory-interpretation
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Health and safety law [2013] ScotCS CSOH_22

Cairns v Northern Light House and Calypso Marine

Cairns v Northern Light House and Calypso Marine [2013] ScotCS CSOH_22 (07 February 2013)

The Court of Session held that both defenders were liable for a back injury suffered in a rigid inflatable boat trip to Isle of May Lighthouse.

  • Employer's liability
  • Strict liability
  • Statutory duty
  • Civil liability under health and safety regulations
  • Adequacy of safety briefing
  • Reasonable practicability
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Administrative law [2012] ScotSC 48

TESCO STORES LTD v. MIDLOTHIAN LICENSING BOARD

TESCO STORES LTD v. MIDLOTHIAN LICENSING BOARD [2012] ScotSC 48 (17 April 2012)

The Sheriff Principal allowed Tesco’s appeal against a licensing board decision, quashing a 48-hour suspension imposed after a failed test purchase by a 16½-year-old.

  • Premises licence review
  • Licensing objectives
  • Suspension of licence
  • Proportionality
  • Strict liability
  • Test purchase operations
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Product liability [2008] ScotCS CSOH_24

Chadwick v Continental Tyre Group Ltd

Chadwick v Continental Tyre Group Ltd [2008] ScotCS CSOH_24 (08 February 2008)

A Scottish product liability case on whether a tyre defect or foreseeable misuse under the Consumer Protection Act 1987 made the pleadings relevant.

  • Defective products
  • Manufacturing defect
  • Strict liability
  • Consumer protection act 1987
  • Ec directive 85/374/eec
  • Public expectation of safety
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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.