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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/delict [2026] CSOH 6

JWE against LGBT Youth Scotland (Court of Session)

JWE against LGBT Youth Scotland (Court of Session) [2026] CSOH 6 (28 January 2026)

The Court of Session allowed a personal injury action to go to proof, rejecting a motion to exclude averments about safeguarding, grooming, vicarious liability, and third-party abuse.

  • Duty of care
  • Safeguarding
  • Grooming
  • Vicarious liability
  • Liability for acts of third parties
  • Duty-of-care
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Employment law [2025] SCEDIN 81

Mark Andrew Card against Chief Constable, Police Service of Scotland (National Personal Injury Court)

Mark Andrew Card against Chief Constable, Police Service of Scotland (National Personal Injury Court) [2025] SCEDIN 81 (20 October 2025)

A police constable won reparation after a knife incident, with liability based on negligent recording and failure to deploy firearms officers, but damages were reduced 40% for contributory negligence.

  • Employer's duty of care
  • Vicarious liability
  • Negligence
  • Safe system of work
  • Contributory negligence
  • Police-negligence
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Tort law [2025] SCEDIN 43

Ross Lamont against The Chief Constable, Police Scotland (National Personal Injury Court)

Ross Lamont against The Chief Constable, Police Scotland (National Personal Injury Court) [2025] SCEDIN 43 (01 August 2025)

A sheriff held Police Scotland vicariously liable for a constable’s excessive force when removing a pursuer’s hand from railings, awarding £12,000 for a finger fracture.

  • Assault by police
  • Use of force
  • Negligence
  • Vicarious liability
  • Damages
  • Proportionality of force
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Tort [2025] SCEDI 38

David Dawson against Jonathan Threadgold and others (National Personal Injury Court)

David Dawson against Jonathan Threadgold and others (National Personal Injury Court) [2025] SCEDI 38 (25 June 2025)

The court held that police used reasonable force to arrest the pursuer, but acted unreasonably by putting him to the ground and allowing him to fall unsupported.

  • Use of force by police
  • Duty of care
  • Vicarious liability
  • Reasonable force
  • Negligence
  • Damages
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Tort [2024] CSOH 84

NM against Graeme Henderson and another (Court of Session)

NM against Graeme Henderson and another (Court of Session) [2024] CSOH 84 (23 August 2024)

The Court of Session allowed a vicarious liability claim to proceed, but dismissed a direct duty of care claim and excluded limited averments as irrelevant.

  • Vicarious liability
  • Duty of care
  • Harassment
  • Specification of pleadings
  • Employer liability
  • Statutory duties under protection from harassment act 1997
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Civil procedure [2024] CSOH 70

East Renfrewshire Council v William Wright (Court of Session)

East Renfrewshire Council v William Wright (Court of Session) [2024] CSOH 70 (23 July 2024)

The court refused a motion for commission and diligence to recover sensitive documents about a victim of sexual abuse, holding she had to be intimated and heard first.

  • Recovery of documents
  • Article 8 echr rights
  • Sensitive medical records
  • Vicarious liability
  • Recovery-of-documents
  • Article-8-privacy
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Tort/delict [2024] ScotCS CSIH_6

X AGAINST SHERIFF JOHN ALBERT BROWN AND THE LORD ADVOCATE

X AGAINST SHERIFF JOHN ALBERT BROWN AND THE LORD ADVOCATE [2024] ScotCS CSIH_6 (12 April 2024)

Inner House appeal on whether the Crown could be vicariously liable for a sheriff’s alleged assaults and harassment, and on time-bar.

  • Vicarious liability
  • Judicial independence
  • Harassment
  • Limitation of actions
  • Crown liability
  • Vicarious-liability
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Tort [2024] ScotCS CSOH_35

TOMMY LEE CRUICKSHANKS AGAINST GLASGOW CITY COUNCIL

TOMMY LEE CRUICKSHANKS AGAINST GLASGOW CITY COUNCIL [2024] ScotCS CSOH_35 (26 March 2024)

The Court of Session allowed proof before answer in a damages claim over a child’s death in kinship care, finding factual issues on duty, vicarious liability, and causation.

  • Vicarious liability
  • Duty of care
  • Kinship care
  • Negligence
  • Statutory obligations
  • Scope of duty
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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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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.