Scottish claims

Unravelling the intricacies of personal injury and clinical negligence claims within Scotland requires a strategic understanding of local legal frameworks. Designed for legal practitioners, this resource offers precise, actionable insights on handling Scottish claims effectively, ensuring optimal outcomes for your clients.

View PI & Clinical Negligence by content type:

News
Practice notes
Precedents
Q&As

Sub Topics We Cover

PI procedure in Scotland PI procedure in Scotland

Latest PI & Clinical Negligence News

Transparency and Open Justice Board publishes finalised open justice objectives for courts

Transparency and Open Justice Board publishes finalised open justice objectives for courts
MPs call for review to fix 'dysfunctional' county courts

MPs call for review to fix 'dysfunctional' county courts

The following Dispute Resolution news provides comprehensive and up to date legal information on MPs call for review to fix 'dysfunctional' county courts

Standards of candour in closed hearings, and corporate witness statements (Attorney General v BBC; R (‘Beth’) v IPT)

Standards of candour in closed hearings, and corporate witness statements (Attorney General v BBC; R (‘Beth’) v IPT)

The following Public Law news provides comprehensive and up to date legal information on Standards of candour in closed hearings, and corporate witness statements (Attorney General v BBC; R (‘Beth’) v IPT)

Justice Committee publishes report on the work of the County Court

Justice Committee publishes report on the work of the County Court

Featured PI & Clinical Negligence content

False imprisonment

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...

The employer’s duty of care

The employer’s duty of care

The employer’s duty of careThis Practice Note considers the scope of an employer’s common law duty to ensure the safety of their employees with...

Duty of care and breach in clinical negligence claims

Duty of care and breach in clinical negligence claims

Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...

Pain, suffering and loss of amenity (PSLA)

Pain, suffering and loss of amenity (PSLA)

Pain, suffering and loss of amenityValuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of...

Practice notes

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences...
Read More >
30th May
Practice notes

Damages in fatal accident claims

Damages in fatal accident claimsElements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform...
Read More >
2nd Jun
Practice notes

Psychiatric injury—establishing liability

Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner...
Read More >
30th May
Practice notes

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remoteness in negligence claimsEven if the claimant proves:•that the defendant acted...
Read More >
2nd Jun
Practice notes

Claims against the police

Claims against the policeIntroductionThe police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought...
Read More >
30th May
Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
Read More >
2nd Jun
Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testThis Practice Notes considers the circumstances in which the court will hold...
Read More >
Produced in partnership with Andrew Wilson
2nd Jun
Practice notes

Misfeasance in public office

Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
Read More >
Produced in partnership with Laura Giachardi of 42 Bedford Row
30th May
Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
Read More >
2nd Jun
Practice notes

Claims against schools

Claims against schoolsClaims against schools by pupils can arise in a number of ways, including pupils:•being injured due to condition of...
Read More >
30th May
Checklists

The RTA small claims protocol—key features checklist

The RTA small claims protocol—key features checklistThe Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic...
Read More >
2nd Jun
Practice notes

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)NOTE: the Civil Procedure (Amendment) Rules 2023, SI 2023/105, amended CPR 44.14 so that defendants can enforce...
Read More >
Produced in partnership with Samuel David of Anthony Gold Solicitors
2nd Jun
Practice notes

Psychiatric injury—secondary victims—case tracker

Psychiatric injury—secondary victims—case trackerA secondary victim is someone who has suffered psychiatric injury not by being directly involved in...
Read More >
30th May
Practice notes

Did the claimant consent to the risk of injury?

Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
Read More >
2nd Jun
Practice notes

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...
Read More >
2nd Jun
News

Personal injury claims against public authorities and the state—the armed forces

...
Read More >
2nd Jun

Popular documents

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an