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Scotland decisions
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Clinical negligence fatal claims: the court held the third and fourth pursuers’ claims were timeous, the sixth pursuer was ineligible, and awarded damages of £150,000 and £75,000.
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.
Joanna Cox against Optimax Clinics LTD and others (Sheriff Court Civil) [2026] SCGLA 43 (29 January 2026)
The sheriff held that a medical negligence claim about LASIK surgery was time barred under section 17(2)(b) of the Prescription and Limitation (Scotland) Act 1973.
Craig McInally against The Scottish Ministers (Court of Session) [2026] CSIH 2 (13 January 2026)
The court refused a reclaiming motion as academic in a prison-law judicial review about delayed access to rehabilitation, while noting time-bar issues and possible equitable extension.
KK against TC (Sheriff Court Civil) [2025] SCKIL 17 (31 December 2025)
A Scottish sheriff held that cohabitation ended on 8 September 2023, so the pursuer’s section 28 claim was served out of time and dismissed.
St Margarets Nursery LTD for Judicial Review (Court of Session) [2026] CSOH 35 (18 September 2025)
The Court of Session refused permission for judicial review of Edinburgh Council’s non-renewal of an early learning and childcare agreement and dismissed the petition.
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.
Leanne McGunnigal against David Pollock (Sheriff Court Civil) [2025] SCFAL 15 (12 March 2025)
A Scottish sheriff court dismissed a cohabitant’s claim for recompense, holding it duplicated a time-barred section 28 claim and lacked specification of loss and enrichment.
SMITH COGENERATION (BANGLADESH) PVT. LTD AGAINST BANGLADESH POWER DEVELOPMENT BOARD [2024] ScotCS CSOH_48 (07 May 2024)
The Court of Session recalled decree in absence and allowed late defences in an action to enforce an arbitration award, finding Rule 19.2(5) was satisfied.
FIONA DROUET AND OTHERS AGAINST ANGUS MILLIGAN [2024] ScotCS CSOH_32 (20 March 2024)
The Court of Session held most family claims time-barred for being raised too late, finding awareness of Emily Drouet’s impaired mental condition by 12 April 2016.
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