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Scotland Case Law

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Personal injury [2024] SCEDIN 32

Paul Frame against Abellio Scotrail LTD (All-Scotland Sheriff Personal Injury Court)

Paul Frame against Abellio Scotrail LTD (All-Scotland Sheriff Personal Injury Court) [2024] SCEDIN 32 (11 June 2024)

The sheriff court found the defender breached its duty of care and awarded damages to the pursuer in a personal injury claim arising from workplace safety.

  • Employer's liability
  • Workplace safety
  • Personal-injury
  • Employer-liability
  • Workplace-safety
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Criminal law [2023] ScotHC HCJAC_31

LINBROOKE SERVICES LTD AGAINST HIS MAJESTY'S ADVOCATE

LINBROOKE SERVICES LTD AGAINST HIS MAJESTY'S ADVOCATE [2023] ScotHC HCJAC_31 (17 August 2023)

The appeal court held that the sheriff had double-counted the fatality in setting a health and safety fine, reducing the penalty from £550,000 to £400,000.

  • Sentencing
  • Employer's liability
  • Workplace safety
  • Fatal workplace accident
  • Assessment of fines
  • Mitigating and aggravating factors
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Personal injury [2023] SC EDIN 14

PAUL JAMES DUNCAN CURRAN AGAINST B&P SCAFFOLDING Ltd & Anor

PAUL JAMES DUNCAN CURRAN AGAINST B&P SCAFFOLDING Ltd & Anor [2023] SC EDIN 14 (25 April 2023)

The sheriff court held that the defenders breached their duty of care in a workplace accident case and awarded damages to the pursuer.

  • Employer's liability
  • Workplace safety
  • Damages
  • Personal-injury
  • Employer-liability
  • Workplace-safety
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Personal injury [2023] SC EDIN 14

PAUL JAMES DUNCAN CURRAN AGAINST B&P SCAFFOLDING Ltd & Anor

PAUL JAMES DUNCAN CURRAN AGAINST B&P SCAFFOLDING Ltd & Anor [2023] SC EDIN 14 (25 April 2023)

The sheriff held that the defenders breached their duty of care by failing to provide a safe system of work, causing the pursuer’s workplace injury.

  • Employer's liability
  • Workplace safety
  • Damages
  • Personal-injury
  • Employer-liability
  • Workplace-safety
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Tort [2019] ScotCS CSOH_14

CASSELLS, DOUGLAS CASSELLS AND ANOTHER AGAINST DAVID W ALLAN, TRADING AS ALLAN'S GROUP, AND ANOTHER

CASSELLS, DOUGLAS CASSELLS AND ANOTHER AGAINST DAVID W ALLAN, TRADING AS ALLAN'S GROUP, AND ANOTHER [2019] ScotCS CSOH_14 (12 February 2019)

Fatal injury claim after a bus struck an employee in a car park. The court found both the driver and employer negligent, with 30% contributory negligence.

  • Negligence
  • Vicarious liability
  • Contributory negligence
  • Workplace safety
  • Risk assessment
  • Apportionment of liability
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Tort [2017] ScotCS CSOH_71

McLeish v Lothian NHS Board

McLeish v Lothian NHS Board [2017] ScotCS CSOH_71 (28 April 2017)

The Court of Session held Lothian NHS Board liable after a nurse slipped on a wet floor in a hospital resuscitation room without warning signage or a verbal warning.

  • Workplace safety
  • Statutory breach
  • Contributory negligence
  • Personal injury
  • Early retirement
  • Depressive disorder
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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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Employment law [2017] ScotSC 5

BURT HONEYMAN AGAINST BABCOCK DESIGN AND TECHNOLOGY Ltd

BURT HONEYMAN AGAINST BABCOCK DESIGN AND TECHNOLOGY Ltd [2017] ScotSC 5 (26 January 2017)

A Scottish sheriff court dismissed a workplace injury claim after finding the pursuer had not proved the accident happened as alleged and that no negligent omission was shown.

  • Employer's duty of care
  • Workplace safety
  • Negligence
  • Causation
  • Contributory negligence
  • Personal-injury
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Tort [2015] ScotCS CSOH_70

Mcshane v Burnwynd Racing Stables Ltd

Mcshane v Burnwynd Racing Stables Ltd [2015] ScotCS CSOH_70 (05 June 2015)

A horse-riding employee was injured in a fall at a racing stable gallop, but the court held he failed to prove any defective surface or breach by the employers.

  • Employer's liability
  • Workplace safety
  • Negligence
  • Workplace (health, safety & welfare) regulations 1992
  • Work at height regulations 2005
  • Employer-liability
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Tort [2014] ScotCS CSOH_140

LINDA SMITH AGAINST SCOTTISH WATER

LINDA SMITH AGAINST SCOTTISH WATER [2014] ScotCS CSOH_140 (12 September 2014)

In this personal injury action, the court held that the deceased’s death was not proved to have been caused by a workplace slip, and absolved Scottish Water.

  • Employer's liability
  • Workplace safety
  • Causation
  • Workplace (health, safety and welfare) regulations 1992
  • Common law duty of care
  • Personal-injury
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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.