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Civil procedure [2025] SACCIV 12

Marlene Simpson and another against Dumfries and Galloway Health Board (Sheriff Appeal Court Civil)

Marlene Simpson and another against Dumfries and Galloway Health Board (Sheriff Appeal Court Civil) [2025] SACCIV 12 (28 April 2025)

The Sheriff Appeal Court held that the wrongful-death medical negligence action was time-barred and refused to extend time under section 19A.

  • Time-bar
  • Prescription and limitation (scotland) act 1973
  • Section 18(2)
  • Section 19a discretion
  • Medical negligence
  • Wrongful death
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Tort law [2011] ScotCS CSOH_74

Bellingham & Ors v. Todd

Bellingham & Ors v. Todd [2011] ScotCS CSOH_74 (05 May 2011)

Fatal road-traffic negligence action arising from a motorcycle collision. The court found both drivers at fault and apportioned liability 80% to the deceased, 20% to Todd.

  • Negligence
  • Contributory negligence
  • Damages assessment
  • Wrongful death
  • Apportionment of liability
  • Contributory-negligence
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Medical negligence [2005] ScotCS CSIH_10

Gerrard & Ors v. The Royal Infirmary Of Edinburgh NHS Trust

Gerrard & Ors v. The Royal Infirmary Of Edinburgh NHS Trust [2005] ScotCS CSIH_10 (27 January 2005)

Inner House medical negligence appeal concerning delayed Caesarean section for twins; the court refused the reclaiming motion and upheld absolvitor for the defenders.

  • Standard of care
  • Causation
  • Medical expert evidence
  • Obstetric negligence
  • Wrongful death
  • Medical-negligence
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Tort [2000] ScotCS 238

Constable Or Sargent & Ors v Dewar

Constable Or Sargent & Ors v Dewar [2000] ScotCS 238 (25 August 2000)

The Court of Session held a highway authority liable for a fatal road accident at Weeping Rock, finding the hazard foreseeable and rejecting contributory negligence.

  • Negligence of highway authority
  • Foreseeability
  • Duty of care
  • Wrongful death
  • Quantum of damages
  • Contributory negligence
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Civil procedure [1923] ScotLR 601

M'Crae v. Bryson and Another

M'Crae v. Bryson and Another [1923] ScotLR 601 (14 July 1923)

The Court of Session held Bryson liable in expenses to both the pursuer and the successful co-defender Callaghan after Bryson denied the collision and was found at fault.

  • Expenses (costs) liability
  • Joint and several liability
  • Wrongful death
  • Negligence
  • Apportionment of costs between defenders
  • Expenses-liability
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Tort law [1921] ScotLR 140

Elliot v. Glasgow Corporation

Elliot v. Glasgow Corporation [1921] ScotLR 140 (22 December 1921)

The Court of Session refused a new trial after a jury awarded ÂŁ300 solatium for the death of a two-year-old child, holding the award was high but not reviewable as excessive.

  • Solatium
  • Damages assessment
  • Wrongful death
  • Excessive damages
  • Jury trial
  • Damages-assessment
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Civil procedure [1910] ScotLR 243

Cook v. Bonnybridge Silica and Fireclay Co. Ltd

Cook v. Bonnybridge Silica and Fireclay Co. Ltd [1910] ScotLR 243 (08 November 1910)

The Court of Session held that section 31 of the Sheriff Courts (Scotland) Act 1907 did not apply to a father’s action for his deceased son’s death.

  • Jury trial
  • Sheriff courts (scotland) act 1907
  • Employers' liability act 1880
  • Wrongful death
  • Master and servant
  • Jury-trial
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Tort [1905] ScotLR 43_646

Morrison v. Waters & Co. and Another

Morrison v. Waters & Co. and Another [1905] ScotLR 43_646 (05 June 1905)

The court held Waters & Company liable for the successful defender Murphy’s expenses, because their own repudiation of liability brought him into the action.

  • Liability for expenses
  • Joint and several liability
  • Wrongful death
  • Expenses
  • Multiple-defenders
  • Civil-procedure
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Date unavailable
Commercial law

VOLUME 6

The pursuers' entitlement to recover enhanced settlement amounts under the indemnities depends on whether the settlements were reasonable in light of the risk of Texas jurisdiction and higher damages, and whether the indemnities, properly construed, cover such losses. The court finds that there was a serious risk of Texas jurisdiction and higher damages, making the settlements reasonable. However, the scope of the indemnities and the classification of losses as 'indirect' may limit recovery in certain cases.

Source excerpt

  • Indemnity
  • Quantification of damages
  • Jurisdiction (texas/scotland)
  • Forum non conveniens
  • Personal injury
  • Wrongful death
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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.

Source links and collection timestamps are retained alongside the indexed records.