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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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Defamation

Manjit Ram against James Stirling

Expenses judgment after absolvitor in a defamation and injuria action. The sheriff awarded defender’s expenses on a party-and-party basis with a 35% uplift.

  • Qualified privilege
  • Veritas
  • Malice
  • Single meaning
  • Injuria
  • Quantum
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Tort [2005] ScotSC 83

Buchan v. TNT (UK) Ltd

Buchan v. TNT (UK) Ltd [2005] ScotSC 83 (07 November 2005)

Road traffic personal injury claim. The sheriff found the pursuer’s ongoing whiplash symptoms were caused by the accident and awarded £5,441.65 plus interest.

  • Negligence
  • Vicarious liability
  • Damages
  • Quantum
  • Solatium
  • Interest
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Maritime law [2005] ScotCS CSIH_8

Shetland Seafarms Ltd & Anor v. International Oil Pollution Compensation Fund & Ors

Shetland Seafarms Ltd & Anor v. International Oil Pollution Compensation Fund & Ors [2005] ScotCS CSIH_8 (19 January 2005)

The Inner House held that Shetland Seafarms could pursue a free-standing loss-of-profits claim from the Braer oil pollution, and refused the reclaiming motion.

  • Oil pollution compensation
  • Loss of profits
  • Prescription
  • Pleadings
  • Quantum of damages
  • Oil-pollution-compensation
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Personal injury [2004] ScotCS 68

McFarlane v. Ferguson Shipbuilders

McFarlane v. Ferguson Shipbuilders [2004] ScotCS 68 (16 March 2004)

A shipyard employee failed to prove that grinder use caused or worsened his tennis elbow, or that the employer breached common law or health and safety duties.

  • Employer's liability
  • Manual handling operations regulations 1992
  • Provision and use of work equipment regulations 1998
  • Common law negligence
  • Causation
  • Quantum of damages
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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.