Summer 2016 Scots Law in Practice

Welcome to the Summer edition of Scots Law In Practice. The first three cases contain a common thread – the pursuer in each had a valid claim on the face of things, but in each one, faced legal difficulties in obtaining a remedy. In a case from the English Court of Appeal we look at a situation where the injured parties were engaged in a minor criminal act when they were injured – did that bar them from a successful action?

In Campbell v Gordon the Supreme Court considered whether an employee injured at work has a remedy if his employer goes into liquidation without insurance, while in DK v The Marist Brothers, the distinction between prescription and limitation was considered.

Finally, we have two cases in which successful defences were argued. Murray v McCullough is a welcome decision which reminds pursuers that they have a responsibility for their own personal safety when taking part in sport, while Shackleton v M-I Drilling Fluids demonstrates that even where