Liability for References

A Judgment from Sheriff Bovey QC sitting at Dundee has been issued has been issued as 2015 SCDUN 74. Carol McDonald sued Dundee City Council claiming that the Council were negligent in the provision of a reference to Angus Council. The Pursuer, a qualified Social Worker, had applied for a position with Angus Council. After being verbally advised by Angus that she had been successful, Dundee had supplied additional information. Angus later withdrew the employment offer referring to the lack … Continued

Jurisdiction & Liability, an unusual case

On 6 November 2015 Lord Boyd of Duncansby’s Opinion was issued in the case of Louisa Docherty & Others v Secretary of State for Business Innovation Skills and Imperial Chemical Industries Limited 2015 CSOH 149. The First Pursuer’s husband had died as a result of exposure to asbestos.  She raised a Personal Injury Action along with another twenty-three Pursuers who were all relatives of her late husband, James Docherty.  Mr Docherty had died on 30 September 2011.  The First Pursuer … Continued

Secondary Victims

On 29 September 2015 the Inner House of the Court of Session (Scottish Appeal Court) issued its Decision in the case of Young v Macvean 2015 CSIH 70. The Appeal Court overturned the Decision at first instance to the effect that Mrs Young fell into the category of secondary victims. David Young was a pedestrian aged 26 who was struck and killed by a car driven by the Defender which mounted a pavement.  The Defender was ultimately convicted of a … Continued

Pleural Plaques – an award

Lord Pentland’s Opinion in the case of WW v The Advocate General for Scotland 2015 CSOH 111 was issued on 13 August. Prior to this Opinion there was no previously reported Scottish case where provisional damages had been awarded for Pleural Plaques.  There was a case in 1988 which had been a full and final damages award, not a provisional award.  In England there had been provisional awards before Rothwell. In Rothwell v Chemical and Insulating Co Ltd 2008 1AC … Continued