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.

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Latest PI & Clinical Negligence News

IMR publishes Ockenden Report reviewing maternity services at Nottingham University Hospitals NHS Trust

IMR publishes Ockenden Report reviewing maternity services at Nottingham University Hospitals NHS Trust

The Independent Maternity Review, chaired by Donna Ockenden, has published its independent report reviewing maternity services at the Nottingham...

PI & Clinical Negligence weekly highlights—25 June 2026

PI & Clinical Negligence weekly highlights—25 June 2026

This week's edition of PI & Clinical Negligence weekly highlights includes news of forthcoming changes to court and tribunal fees from 13 July 2026....

Court of Appeal reaffirms competing jurisdiction and arbitration clauses to be construed in their contractual context, there is no presumption in favour of arbitration (FH Holding Moscow Ltd v AO Unicredit Bank)

Court of Appeal reaffirms competing jurisdiction and arbitration clauses to be construed in their contractual context, there is no presumption in favour of arbitration (FH Holding Moscow Ltd v AO Unicredit Bank)

Arbitration analysis: The Court of Appeal held that Moscow mortgage enforcement proceedings were not brought in breach of a Vienna-seated arbitration...

No duty on local authority over third party conduct (Sintes v London Borough of Tower Hamlets)

No duty on local authority over third party conduct (Sintes v London Borough of Tower Hamlets)

PI & Clinical Negligence analysis: The Court of Appeal has reaffirmed the orthodox limits on local authority liability for third-party acts, holding...

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...
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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...
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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...
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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...
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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...
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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...
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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...
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Produced in partnership with Andrew Wilson
13th Oct
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...
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Produced in partnership with Laura Giachardi of 42 Bedford Row
13th Oct
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...
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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...
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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...
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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...
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Produced in partnership with Samuel David of Anthony Gold Solicitors
13th Oct
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...
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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...
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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...
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2nd Jun
News

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

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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

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

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