keoghs – Psychiatric injury claims in Scotland

At the risk of activating too many gag reflexes, I really do get the most interesting queries from my clients! A recent example prompted me to revisit liability for psychiatric injury claims in Scotland in light of the recent Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1 Supreme Court decision. In an area where the common law has been moulded over the years to deliver the court’s perception of justice in a particular case, there are quirks and exceptions. Outlined below are the general rules.