Group proceedings, negligence and res judicata in Scotland.

Mante, Joseph; Arnell, Paul

Abstract

This article discusses McCluskey v Scott Wilson Scotland Ltd (OH) on the extent to which an individual in a group action, which had sought personal injury damages against a civil engineering company for alleged negligence in the inspection and remediation process for development land, could relitigate issues which had been determined during the group action on the basis that she was a different person from the pursuers in the lead case.

Citation

MANTE, J. and ARNELL, P. 2024. Group proceedings, negligence and res judicata in Scotland. Journal of professional negligence [online], 40(4), pages 177-183. Available from: https://www.bloomsburyprofessionalonline.com/view/journal_prof_negl/b-17466709_40-4-0000558.xml

• Journal Article Type: Article
• Acceptance Date: Feb 28, 2025
• Online Publication Date: Feb 28, 2025
• Publication Date: Dec 31, 2024
• Deposit Date: Mar 17, 2025
• Publicly Available Date: Mar 18, 2025
• Journal: Journal of professional negligence
• Electronic ISSN: 1746-6709
• Publisher: Bloomsbury Publishing
• Peer Reviewed: Peer Reviewed
• Volume: 40
• Issue: 4
• Pages: 177-183
• Item Discussed: McCluskey v Scott Wilson Scotland Ltd [2024] CSOH 4; 2024 S.L.T. 853; [2024] 1 WLUK 228 (OH); Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (asp 10)
• Keywords: Abuse of process; Civil engineers; Contaminated land; Duty of care; Hazardous substances; Personal injury; Pleadings; Relevance; Res judicata; Residential development; Scotland; Vapours
• Public URL: https://rgu-repository.worktribe.com/output/2755011
• Publisher URL: https://www.bloomsburyprofessionalonline.com/view/journal_prof_negl/b-17466709_40-4-0000558.xml