2 October Case Updates John Good against West Bay Insurance Plc [2025] SC AIR 70 Scotland, 16. Criticism and Complaints, 10. Records Assessments and Site Visits, McGill, Kennedy v Cordia, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence The person insured by the defendant drove his motorcycle into the pursuer’s parked lorry causing the pursuer, who claimed he was standing on the steps of the lorry on one foot and leaning on the cab, to allegedly lose his balance and suffer injuries. The defendant led an expert witness, Mr H, who presented himself as a Forensic Engineer, and the pursuer an Orthopaedic expert, Mr S. The Sherrif concluded that he could not afford Mr H’s conclusions more than minimal weight because of a failure of methodology. Mr H had also expressed his conclusions in terms that gave the appearance that he was the decision-maker and made concessions during cross-examination. The Sherrif found Mr S to be a credible and reliable witness overall but noted that he was not clear when describing his fee arrangements.
12 August Case Updates Failed extraction of a wisdom tooth Clinical negligence, Scotland, 16. Criticism and Complaints, 10. Records Assessments and Site Visits, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence Although this is a case of alleged dental negligence and can be usefully read in full not only by dental experts, but by dentists, oral surgeons and students of dentistry, it is also of some general significance not just for experts who provide evidence in Scotland, for whom the exposition of Scots negligence law is invaluable and civil procedure significantly different, but for lessons about expert evidence in clinical negligence cases generally. Gallagher v Clement (National Personal Injury Court) [2025] SCEDIN 035
14 May Case Updates Aerotoxic syndrome Neurology, Neuropsychology, Scotland, Toxicology, Aviation Medicine, aerotoxic syndrome Personal injury claims are being brought by approximately 220 pilots and cabin crew at the High Court in London on the grounds of aerotoxic syndrome (ATS). This group of claimants includes 51 claims which were issued by Thompsons in March 2019 involving pilots and cabin crew working for EasyJet, British Airways, Thomas Cook, Jet2 and Virgin Atlantic. These two claims are not included in these ongoing English collective proceedings. These were claims by two pilots who lost the chance of bringing successful claims as a result of the admitted negligence of a Scottish law practice. Gough v Cannons Law Practice; Montague-Trenchard v Cannons Law Practice (Court of Session) [2025] CSOH 28
22 April Case Updates Appeal in the Cause Michael Marshall against Berkshire Hathaway International Insurance Company Limited [2024] SAC (Civ) 13 Personal injury, Scotland, Sheriff Appeal Court, Absence of Expert Evidence, 03. Setting Fees and Getting Paid, 06. Rules and Regulations The sheriff appeal court upheld the sheriff's award of damages for injuries sustained in a vehicle accident which were assessed, in the absence of admissible expert evidence, on the basis of common experience.
4 January News Scottish Civil Justice Council publish consultation analysis Scottish Civil Procedure, Scotland, 06. Rules and Regulations Indications are that the next draft will contain more detail on Expert Evidence.