Police Scotland has won an appeal against an award of damages to an undercover officer who claimed she suffered serious psychiatric harm due to the actions of a superior officer who transferred her following disciplinary proceedings.

The officer, referred to only as Mrs K in order to protect her personal safety from the criminal world, made a case based on vicarious liability for a Chief Supt Whitelock. The Lord Ordinary found he had failed to afford her fair treatment in carrying out an investigation into her conduct and performance, and psychiatric harm was reasonably foreseeable as a result of that breach of duty. The relevant actions occurred before the formation of Police Scotland, but such liabilities were transferred under statute.