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Scotland Case Law

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Employment law [2022] ScotCS CSOH_44

T AGAINST W

T AGAINST W [2022] ScotCS CSOH_44 (27 May 2022)

The Outer House dismissed a teacher’s claim that workplace competence and disciplinary procedures caused psychiatric injury, finding no negligence and no foreseeable vulnerability.

  • Employer's duty of care
  • Psychiatric injury
  • Workplace stress
  • Competence procedures
  • Occupational health
  • Disciplinary process
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Employment law [2018] ScotCS CSOH_86

MALONE AGAINST THE LORD ADVOCATE

MALONE AGAINST THE LORD ADVOCATE [2018] ScotCS CSOH_86 (17 August 2018)

The Court of Session refused to dismiss a workplace-stress claim for psychiatric injury, allowing proof before answer despite criticisms of the pleadings.

  • Employer's duty of care
  • Workplace stress
  • Psychiatric injury
  • Vicarious liability
  • Foreseeability
  • Causation
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Employment law [2013] ScotCS CSOH_180

Monfrieff v Cooper & Anor

Monfrieff v Cooper & Anor [2013] ScotCS CSOH_180 (21 November 2013)

The Court of Session dismissed a claim for psychiatric injury arising from an employer’s correspondence with an absent employee and found no breach of duty.

  • Vicarious liability
  • Psychiatric injury
  • Duty of care
  • Constructive dismissal
  • Employer's conduct
  • Workplace stress
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Coronial law [2010] ScotSC 41

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF IRENE MARGARET HOGG

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF IRENE MARGARET HOGG [2010] ScotSC 41 (18 January 2010)

Fatal accident inquiry into Irene Hogg’s death found immersion in water and paracetamol toxicity as the cause, with no further findings under section 6(1)(c)-(e).

  • Fatal accident inquiry
  • Workplace stress
  • School inspection
  • Employer duty of care
  • Fatal-accident-inquiry
  • Coronial-law
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Coronial law [2010] ScotSC 42

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF IRENE MARGARET HOGG

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF IRENE MARGARET HOGG [2010] ScotSC 42 (18 January 2010)

Fatal Accident Inquiry into Irene Hogg’s death. The sheriff found death caused by immersion in water and paracetamol toxicity, and made no further findings.

  • Fatal accident inquiry
  • Workplace stress
  • School inspection
  • Employer duty of care
  • Fatal-accident-inquiry
  • Paracetamol-toxicity
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Employment law [2010] ScotCS CSIH_3

Flood v The University Court of The University of Glasgow

Flood v The University Court of The University of Glasgow [2010] ScotCS CSIH_3 (25 November 2009)

The Inner House held that the pursuer’s pleadings in a workplace stress claim were sufficiently specific to allow the case to proceed to proof before answer.

  • Employer's duty of care
  • Workplace stress
  • Foreseeability of psychiatric harm
  • Pleading requirements in negligence
  • Employment-law
  • Workplace-stress
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Employment law [2008] ScotCS CSOH_98

Flood v The University Court of the University Of Glasgow

Flood v The University Court of the University Of Glasgow [2008] ScotCS CSOH_98 (08 July 2008)

The Court of Session dismissed a workplace stress claim because the pursuer’s pleadings did not adequately specify the steps the employer should have taken to prevent psychiatric harm.

  • Psychiatric injury
  • Employer's duty of care
  • Workplace stress
  • Risk assessment
  • Pleading requirements
  • Psychiatric-injury
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Employment law [2002] ScotCS 319

Taplin v. Fife Council

Taplin v. Fife Council [2002] ScotCS 319 (17 December 2002)

The Court of Session dismissed a teacher’s damages action for psychiatric injury, holding she had not pled enough to show the risk was reasonably foreseeable to her employer.

  • Employer's duty of care
  • Foreseeability of psychiatric injury
  • Causation in psychiatric injury claims
  • Workplace stress
  • Pleadings and relevancy
  • Psychiatric-injury
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Employment law [2002] ScotCS 306

Stevenson v. East Dunbartonshire Council

Stevenson v. East Dunbartonshire Council [2002] ScotCS 306 (29 November 2002)

A Scottish Court of Session case on whether a council could reasonably foresee psychiatric injury to a resident hall keeper exposed to excessive work demands.

  • Employer's duty of care
  • Foreseeability of psychiatric injury
  • Workplace stress
  • Damages for psychiatric illness
  • Workplace-stress
  • Psychiatric-injury
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Employment law [2000] ScotCS 307

McDonald Or Cross & Anor v Highlands & Islands Enterprise & Anor

McDonald Or Cross & Anor v Highlands & Islands Enterprise & Anor [2000] ScotCS 307 (5 December 2000)

The Court of Session considered whether workplace stress caused James Cross’s depression and suicide, and whether his employers were liable in negligence or statutory duty.

  • Employer's liability for psychiatric injury
  • Negligence
  • Breach of statutory duty
  • Workplace stress
  • Duty of care
  • Causation of suicide
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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.