D v Victim Support Scotland

Negligence – Duty of care – Pure economic loss. Sheriff Court: In an action in which the pursuer sued for damages of £100,000 from the defender, Victim Support Scotland, in respect of its allegedly negligent handling of a criminal injuries compensation claim on his behalf in failing to explore the issue of wage loss with him, the court held that the defender did owe the pursuer a duty of reasonable skill and care and that that duty had been breached: the defender's employees owed the pursuer a duty to tell him about the Criminal Injuries Compensation Authority's scheme in so far as it allowed him to claim for wage loss and to explore with him whether he could make such a claim; and that they failed to do.

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