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Scotland Case Law

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Personal injury [2015] ScotSC 38

MISS BERNADETTE SMITH AGAINST THE SCOTTISH MINISTERS

MISS BERNADETTE SMITH AGAINST THE SCOTTISH MINISTERS [2015] ScotSC 38 (12 May 2015)

A former prison officer sued over neck injury during riot-control training. The sheriff held the risk assessment and safety measures were adequate and dismissed the claim.

  • Employer's liability
  • Risk assessment
  • Workplace injury
  • Statutory duties
  • Common law negligence
  • Personal-injury
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Employment law [2013] ScotCS CSOH_96

JANE ELPHINSTONE v. SHETLAND ISLANDS COUNCIL

JANE ELPHINSTONE v. SHETLAND ISLANDS COUNCIL [2013] ScotCS CSOH_96 (18 June 2013)

Personal injury claim dismissed after the court found no proof that manual handling caused the pursuer’s back injury.

  • Manual handling
  • Workplace injury
  • Employer liability
  • Regulatory compliance
  • Personal-injury
  • Manual-handling
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Employment law [2011] CSIH 65A

Strange v Wincanton Logistics Ltd

Strange v Wincanton Logistics Ltd [2011] ScotCS CSIH_65a (26 October 2011)

An employee’s appeal over a pallet-handling injury failed. The court held the employer had shown it was not reasonably practicable to avoid manual handling or add another worker.

  • Manual handling operations regulations 1992
  • Breach of statutory duty
  • Workplace injury
  • Reasonably practicable standard
  • Risk assessment
  • Damages for personal injury
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Employment law [2011] ScotCS CSOH_102

Knox v First Scotrail Ltd

Knox v First Scotrail Ltd [2011] ScotCS CSOH_102 (17 June 2011)

A train dispatcher failed to prove that employer-issued safety shoes were too wide or too stiff, or that they caused Morton's Neuroma.

  • Personal protective equipment
  • Workplace injury
  • Causation
  • Regulatory compliance
  • Personal-protective-equipment
  • Workplace-injury
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Employment law [2010] ScotSC 134

WILLIAM REID v. E.W.S. RAILWAYS

WILLIAM REID v. E.W.S. RAILWAYS [2010] ScotSC 134 (06 August 2010)

Appeal in a workplace injury claim failed where the pursuer could not prove that manual handling breach caused or materially contributed to plantar fasciitis.

  • Manual handling regulations
  • Causation
  • Workplace injury
  • Statutory duty
  • Material contribution
  • Risk factors
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Personal injury [2008] ScotCS CSOH_47

Downie v. Fife Council

Downie v. Fife Council [2008] ScotCS CSOH_47 (19 March 2008)

Personal injury claim over an unsuitable workstation. The court accepted the pursuer’s evidence, assessed continuing neck symptoms, and awarded £9,720 in damages and expenses.

  • Workplace injury
  • Workstation ergonomics
  • Damages assessment
  • Services claim
  • Personal-injury
  • Workplace-safety
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Employment law [2006] ScotCS CSOH_116

McKnight v Corus Construction

McKnight v Corus Construction [2006] ScotCS CSOH_116 (01 August 2006)

A Scottish Court of Session judgment in a workplace injury claim. The pursuer failed to prove the alleged accident or any breach of the equipment regulations.

  • Workplace injury
  • Provision and use of work equipment regulations 1998
  • Risk assessment
  • Suitability of work equipment
  • Workplace-injury
  • Supp-equipment-regulations
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Employment law [2006] ScotSC 58

Jaffray v. Grampian Test And Certification Ltd

Jaffray v. Grampian Test And Certification Ltd [2006] ScotSC 58 (23 June 2006)

The sheriff held the employer liable after a worker was injured while making a Flemish Eye, finding the manual handling regulations applied and were breached.

  • Employer's duty of care
  • Manual handling operations regulations 1992
  • Risk assessment
  • Workplace injury
  • Contributory negligence
  • Employment-law
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Employment law [2006] ScotCS CSOH_5

Hughes v. Grampian Country Food Group Ltd

Hughes v. Grampian Country Food Group Ltd [2006] ScotCS CSOH_5 (18 January 2006)

Personal injury claim over alleged breach of the Manual Handling Operations Regulations 1992 failed because trussing chicken carcasses was not manual handling.

  • Manual handling operations regulations 1992
  • Carpal tunnel syndrome
  • Workplace injury
  • Statutory duty
  • Causation
  • Damages
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Tort [2004] ScotCS 266

Bruce v. Shetland Islands Council

Bruce v. Shetland Islands Council [2004] ScotCS 266 (16 December 2004)

The Court of Session dismissed a personal injury claim after finding the pursuer unreliable and unable to prove he was injured at work as alleged.

  • Workplace injury
  • Burden of proof
  • Credibility of witnesses
  • Workplace-injury
  • Burden-of-proof
  • Witness-credibility
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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.