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Scotland Case Law

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Civil litigation

David Downie (AP) v NHS Fife Health Board

The Sheriff Appeal Court refused an appeal in a clinical negligence action, holding there was no fair notice of a negligent misdiagnosis case and no basis to exclude the defender’s expert.

  • Expert witness admissibility
  • Fair notice in pleadings
  • Negligent misdiagnosis
  • Revocation of short-term detention certificate
  • Causation
  • Quantum
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Compensation law [2017] ScotCS CSIH_39

Scottish Hydro Electric Transmission Plc v Auquhirie Land Company Ltd

Scottish Hydro Electric Transmission Plc v Auquhirie Land Company Ltd [2017] ScotCS CSIH_39 (28 June 2017)

The Court of Session refused an appeal about wayleave compensation, holding that the pleadings gave fair notice of a hope value case and that the Tribunal had enough evidence.

  • Wayleave compensation
  • Hope value
  • Special assumption in valuation
  • Fair notice in pleadings
  • Procedural fairness
  • Planning permission prospects
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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.