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Scotland Case Law

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Maritime-law

Dales Marine Services Limited against The United States of America and others

The Court of Session held that Dales Marine’s summons was, in substance, a statutory limitation application excluded from Schedule 8 jurisdiction, and sustained the defenders’ relevancy pleas.

  • Limitation-of-liability
  • Dock-owners'-liability
  • Limitation-fund
  • Schedule-8-and-schedule-9-of-the-civil-jurisdiction-and-judgments-act-1982
  • Article-11-of-the-convention-on-limitation-of-liability-for-maritime-claims-1976
  • Maritime-law
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Data-protection

Joseph Henderson against The Scottish Ministers

The court held that the wrong document delivered was the Parole Board decision letter, not the minute, and that Joseph Henderson proved no compensable damage.

  • Wrongful-disclosure-of-prison-parole-documents
  • Uk-gdpr
  • Data-protection-act-2018
  • Article-8-echr
  • Compensation-for-non-material-damage
  • Causation-and-proof-of-loss
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Housing-law

Graham Lundie against David Dickson & Carrie Richmond

The Upper Tribunal allowed the landlord’s appeal, holding that the First-tier Tribunal gave inadequate reasons on key disrepair findings and damages, and remitted the case for redetermination.

  • Private-residential-tenancy
  • Disrepair
  • Damages
  • Abatement-of-rent
  • Inconvenience
  • Adequacy-of-reasons
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Civil-procedure

Sir Iain Livingstone QPM, Chief Constable of Scotland v Kevin Booth

The Sheriff Appeal Court refused an appeal against a trafficking and exploitation risk order, including a five-year ban on foreign travel, and upheld the expenses award.

  • Trafficking-and-exploitation-risk-order
  • Foreign-travel-ban
  • Article-8-echr-proportionality
  • Expenses
  • Amendment-of-pleadings
  • Article-8-proportionality
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Construction-law

Entexol Limited against Sked Construction Limited

Court of Session enforcement decision on an adjudicator’s award: the natural justice challenge failed, and decree was granted on the first conclusion.

  • Enforcement-of-adjudicator’s-award
  • Natural-justice
  • Contra-charges
  • Time-at-large
  • Summary-decree
  • Construction-law
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Civil-procedure

Angela Gordon against Social Care and Social Work Improvement Scotland

The Sheriff Appeal Court refused Angela Gordon’s appeal, holding that her loss averments lacked specification and relevancy. It also upheld dismissal of her negligence, defamation and human-rights claims.

  • Specification-and-relevancy
  • Time-bar/prescription
  • Misfeasance-in-public-office
  • Negligence-duty-of-care
  • Defamation
  • Regulatory-powers-of-the-care-inspectorate
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Defamation

Manjit Ram against James Stirling

Expenses judgment after absolvitor in a defamation and injuria action. The sheriff awarded defender’s expenses on a party-and-party basis with a 35% uplift.

  • Qualified-privilege
  • Veritas
  • Malice
  • Single-meaning
  • Injuria
  • Quantum
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.