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Scotland decisions
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The Sheriff Appeal Court refused Angela Gordon’s appeal, holding that her loss averments lacked specification and relevancy. It also upheld dismissal of her negligence, defamation and human-rights claims.
The Sheriff Appeal Court refused an appeal in a civil action against the Care Inspectorate, upholding dismissal after debate, though it corrected part of the sheriff’s interlocutor.
MINUTE FOR DUFF & PHELPS LTD IN THE ACTION AT THE INSTANCE OF DAVID JOHN WHITEHOUSE [2022] ScotCS CSOH_16 (11 February 2022)
The court granted Duff & Phelps permission to use documents from related proceedings in its own action, subject to exclusion of material covered by section 162 of the 2010 Act.
Shetland Islands Council v Anderson [2014] ScotCS CSOH_23 (13 February 2014)
The Court of Session granted summary decree to Shetland Islands Council for enforcement of expenses, rejecting defences based on alleged fraud, bias, and procedural impropriety.
Thomson v. Scottish Ministers [2011] ScotCS CSOH_90 (26 May 2011)
The Court of Session dismissed a negligence and Article 2 claim against Scottish Ministers, holding that foreseeability of harm to the public was not enough without proximity or a special risk to the deceased.
Phipps v. The Royal College Of Surgeons Of Edinburgh [2010] ScotCS CSOH_58 (30 April 2010)
A surgeon’s damages claim for alleged abuse of public office failed because the College’s accreditation review and withdrawal were not shown to be reckless or in bad faith.
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