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Scotland decisions
Decisions matching the current search
Commercial contract dispute over whether a default and termination notice under Clause 6.3 was valid; decree de plano was refused and further procedure ordered.
The Court of Session held that a unilateral undertaking by the pursuer curtailed its option rights, making its later notice invalid and defeating the damages claim.
The Inner House held that the lease required the hotel to be yielded up no better than its commencement condition, with the Schedule of Condition serving as evidence, not the exclusive record.
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).
Santander Consumer (UK) Plc against Renata Dikmone (Sheriff Appeal Court Civil) [2026] SACCIV 27 (23 April 2026)
The Sheriff Appeal Court recalled the sheriff’s interlocutor, rejected the respondents’ cross-appeal, and held no further sums or interest were due after full recovery.
Reclaiming Motion by Nadeem Sarwar against Phlo Technologies LTD and others (Court of Session) [2026] CSIH 20 (22 April 2026)
The Inner House held that waiver and personal bar could not be decided at debate and allowed proof before answer in a dispute over service agreements and warranties.
Club Los Slaveles and others against Hutchinson Trustees LTD (Sheriff Appeal Court Civil) [2026] SACCIV 24 (17 April 2026)
The Sheriff Appeal Court refused an appeal over an alleged oral agreement for a trustee to resign, holding no binding contract had been shown on the evidence.
Appeal under section 37 of the Employment Tribunals Act 1996 by Carol McMahon against AXA ICAS Ltd now named AXA Health Services Ltd (Court of Session) [2026] CSIH 19 (17 April 2026)
The Court of Session allowed Carol McMahon’s appeal, holding that her PHI entitlement could continue after dismissal and could ground a wages deduction claim.
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).
Balraj Singh Binning v Davindar Binning (Court of Session) [2026] CSOH 33 (31 March 2026)
The Outer House sustained a res judicata plea, holding that a Scottish damages claim was barred by earlier Indian judgments on the same family agreement.
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