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★ Scotland · head & brain

Head & brain settlements
in Scotland.

By 9 min read

An orthopaedic nurse in her brother’s garden in Linwood was struck on the head by a 4 kilogram chisel that fell about 30 feet from a roof where council workers were busy; she was awarded £88,693. A motorcyclist with a brain injury suing for £2.5 million, who had received £140,000 in interim payments, kept his case alive when the court refused, for now, to dismiss it for dishonesty.

Facts that decide a head & brain claim in Scotland

Guideline bracketsThe court used the Judicial College Guidelines, including a £9,980 to £28,250 bracket for one element, then stood back to avoid double counting.McFadyean v Renfrewshire Council [2025] CSOH 44
Exaggeration short of dismissalA claim that appears exaggerated may still proceed if part of it is genuine; the motion was refused in hoc statu.McSeveney v Aviva [2026] CSOH 18
Expenses protectionA pursuer who conducts an injury claim appropriately cannot be ordered to pay the defender’s expenses, even on losing (qualified one way costs shifting).Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, s 8
★ band · UK federal frame
£372,570 to £533,720
Brain, very severe
JCG 18th ed.

The UK band is the starting point. Scotland's fault rule and any applicable cap then adjust the figure.

★ SCO · reported head & brain outcomes

What Scotland courts have awarded.

Real Scotland decisions and verdicts, each linked to the court record or official report.

  • McFadyean v Renfrewshire Council
    Court of Session (Outer House) · 2025
    £88,693 awarded

    On 6 October 2021 Tracy McFadyean, 48, an orthopaedic nurse, was bending to wipe her trainers in her brother’s garden in Linwood when a chisel about 2.5 feet long fell some 30 feet from the roof and struck her head. She bled heavily and had a noise in her right ear. The council admitted fault; the court awarded £68,693 solatium with interest and £20,000 for services.

  • McSeveney v Aviva Insurance Ltd
    Court of Session (Outer House) · 2026
    Dismissal motion refused

    On 19 November 2021 Scott McSeveney’s motorcycle was hit by a car insured by Aviva. Liability was admitted, as were a brain injury and significant orthopaedic injuries, and £140,000 in interim damages had been paid. Aviva said he lied about his injuries and moved to dismiss. The judge refused for now, as he might still have a genuine claim for lost earnings.

★ SCO · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Scotland.

  1. 1

    Seek medical review after any blow to the head, even if you were sent home with advice.

  2. 2

    Keep your account consistent with every expert; surveillance may be compared with it.

  3. 3

    Claims over £100,000 can go to the Court of Session.

★ SCO · statute of limitations
3 years from date of injury or knowledge (called "prescription" in Scots law)

Prescription and Limitation (Scotland) Act 1973

★ SCO · fault rule
Common-law contributory reduction

Scots law applies contributory-negligence reduction. Scotland is a distinct legal system from England and Wales.

★ head & brain severity tiers · UK frame

How the band stratifies.

The Judicial College Guidelines (18th ed.) stratifies head & brain into the tiers below. Scotland courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Brain, moderate£56,890 to £289,420JCG 18th ed.
Brain, very severe£372,570 to £533,720JCG 18th ed.
★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Scotland's fault rule and limitation period compare to jurisdictions in the same UK region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Scotland · you are hereCommon-law contributory reduction3 years from date of injury or knowledge (called "prescription" in Scots law)—
Northern IrelandCommon-law contributory reduction3 years from date of injury or knowledgeNI · head & brain →
EnglandCommon-law contributory reduction3 years from date of injury or knowledgeENG · head & brain →
WalesCommon-law contributory reduction3 years from date of injury or knowledgeWAL · head & brain →
★ SCO · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of SCO
Scotland overview

Fault rule, statute, caps, and key facts for Scotland as a whole.

★ federal frame
Head & brain in United Kingdom

Head & brain band structure and severity tiers at the UK level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are starting points: the UK band adjusted for Scotland's statutory framework. They are not quotes for any specific case. For representation, consult a solicitor practising in Scotland. See /methodology, /sources, and /disclaimer.