Charles Lugton

Year of Call 2012        

Charles specialises in reparation and medical negligence. He acts for both pursuers and defenders in Court of Session and Sheriff Court cases. He is regularly instructed in fatal and catastrophic claims. His main areas of focus include health and safety prosecutions, fraudulent claims, industrial disease, employers’ liability and occupiers’ liability claims.

                                                                                                

His recent cases include successfully defending an employer at proof in a bullying at work claim brought under the Protection from Harassment Act 1997 (Andrea McCabe v James Turnbull & Co 2017), obtaining decree of absolvitor in a case involving a nurse being attacked by a psychiatric patient (Louise Stark v Lothian Health Board [2018] 2 WLUK 312) and defending a publican in an environmental health prosecution (PF v Keith Jamieson 2015). He was instructed for the defenders in the civil claims resulting from the Clutha disaster.

Louise Stark v Lothian Health Board [2018] 2 WLUK 312; 2018 G.W.D. 7-94

Instructed for the defender at a proof in which a nursing assistant was assaulted by a patient in a residential psychiatric hospital. She claimed to have been left alone with the patient, in contravention of the defender’s risk assessment. Decree of Absolvitor was pronounced.

 

Sarah Reid v Glasgow City Council 2018, All Scotland Personal Injury Court

Debate in case in which the pursuer was secretly filmed by a janitor while using a toilet at a Daycare Centre operated by the defender. Issue was whether the janitor’s wrongful conduct was sufficiently connected to his employment to justify the imposition of vicarious liability.

  

Michelle Watson v Aviva 2018, Aberdeen Sheriff Court

Successful defence of fraudulent whiplash claim.

  

Andrea McCabe v James Turnbull & Co 2017, Falkirk Sheriff Court

Instructed for defender in an alleged bullying at work case brought under the Protection from Harassment Act 1997. Decree of absolvitor pronounced following eight-day proof.

 

 Peter Allan v Plexus Corp UK Limited [2016] SC EDIN 59; 2016 G.W.D. 28-502

The first reported case on civil jury trials in the All Scotland Personal Injury Sheriff Court since their introduction in 2015. Appeared for pursuer and argued successfully that the case was suitable to be tried by a jury.

 

PF v Keith Jamieson 2015, Selkirk Sheriff Court

Acted for accused in environmental health prosecution at Selkirk Sheriff Court. Case concerned an accident in a pub, in which two customers fell down a staircase situated opposite the toilets. Case turned on issues of foreseeability and risk assessment.

 

William McGowan v Imperial Chemical Industries 2015, Dumfries Sheriff Court

Successful appeal in pleural plaques claim where decree by default had been granted. The court was persuaded to exercise its discretion and recall the decree.

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