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Scotland decisions
Decisions matching the current search
Court of Session enforcement decision on an adjudicator’s award: the natural justice challenge failed, and decree was granted on the first conclusion.
Ogilvie Construction LTD against M1 Re Glasgow LTD and Ogilvie Construction Ltd against Leach Rhodes Walker Ltd (Court of Session) [2026] CSOH 44 (05 May 2026)
The Outer House held that prescription had extinguished all but one construction claim, finding no relevant acknowledgement and no postponement under section 11(3).
Greater Glasgow Health Board against Multiplex Construction Europe LTD and others (Court of Session) [2026] CSIH 16 (31 March 2026)
The Inner House refused GGHB’s reclaiming motion and held its cladding claims had prescribed. It found no induced error and no basis for section 11(3).
BPL Contracts (Scotland) LTD against Beattie FRC LTD (Court of Session) [2026] CSOH 22 (06 March 2026)
The court held that two oral subcontract terms provided for profit shares of 50% and 90% respectively, rejected overhead deductions, and dismissed the counterclaim.
Robert Walkingshaw against Glenalmond Trading Investments Ltd (Sheriff Court Civil) [2024] SCPER 47 (14 November 2024)
A Scottish sheriff held a screeding contractor liable for defective floor works, awarding the pursuer £7,120.85 after set-off and dismissing the counterclaim.
FES LTD against HFD Construction Group Ltd (Court of Session) [2024] CSIH 37 (25 October 2024)
The Inner House held that notice under clause 4.21 was a condition precedent to loss and expense recovery under clause 4.20.1, so the reclaiming motion failed.
Appeal in the cause George Beattie & Sons LTD against Gareloch Support Services (Plant) LTD (Sheriff Appeal Court Civil) [2024] SACCIV 43 (15 October 2024)
The Sheriff Appeal Court held that the parties had one contract, not several, and upheld enforcement of an adjudicator’s award. The appellant’s jurisdiction challenge failed.
ATG Services (Scotland) LTD against Ogilvie Construction LTD (Court of Session) [2024] CSOH 94 (04 October 2024)
The Court of Session enforced an adjudicator’s award in a construction payment dispute, rejecting claims that the adjudicator breached natural justice or gave inadequate reasons.
RECLAIMING MOTION BY TILBURY DOUGLAS CONSTRUCTION LTD AGAINST OVE ARUP & PARTNERS SCOTLAND LTD [2024] ScotCS CSIH_15 (12 June 2024)
The Inner House held Tilbury’s defective design claim had prescribed. Time ran from November 2013 when Tilbury entered the fixed-price contract relying on Arup’s design.
LEONARDO HOTEL MANAGEMENT (UK) LTD AGAINST GALLIFORD TRY BUILDING 2014 LTD AND ANOTHER [2024] ScotCS CSOH_43 (19 April 2024)
Court of Session debate on prescription and specification in a cladding defects claim was allowed to proceed to proof before answer.
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