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Scotland Case 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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Civil law

William Colley against Social Care and Social Work Improvement Scotland

The Sheriff Appeal Court refused an appeal in a civil action against the Care Inspectorate, upholding dismissal after debate, though it corrected part of the sheriff’s interlocutor.

  • Misfeasance in public office
  • Negligence
  • Defamation
  • Prescription and limitation
  • Regulatory powers of the care inspectorate
  • School care accommodation services
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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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Property law [2026] SACCIV 14

Quarter Mile Serviced Apartments LTD against Speirs Gumley Property Management Limite (Sheriff Appeal Court Civil)

Quarter Mile Serviced Apartments LTD against Speirs Gumley Property Management Limite (Sheriff Appeal Court Civil) [2026] SACCIV 14 (23 February 2026)

The Sheriff Appeal Court upheld a real burden restricting short-term letting in the Quartermile Development and refused the appeal, while defamation issues remain for proof.

  • Real burdens
  • Community burdens
  • Short-term letting
  • Acquiescence
  • Defamation
  • Verbal injury
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Delict [2026] SCAIR 12

Angela Singh and another against George Weightman and Co (Sheriff Court Civil)

Angela Singh and another against George Weightman and Co (Sheriff Court Civil) [2026] SCAIR 12 (20 January 2026)

Sheriff McGlennan dismissed a negligence claim against insurance brokers for lack of specification on causation and quantum, though lost-rent averments were sufficient.

  • Negligence
  • Causation
  • Specification of pleadings
  • Quantum of damages
  • Insurance misrepresentation
  • Delict
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Delict [2025] SCKIL 92

George Robert Elliot and others against Andrew Snodgrass McCandlish (Sheriff Court Civil)

George Robert Elliot and others against Andrew Snodgrass McCandlish (Sheriff Court Civil) [2025] SCKIL 92 (16 September 2025)

The sheriff allowed a nuisance case to proceed to proof before answer, but excluded several negligent and irrelevant averments from probation.

  • Nuisance
  • Pure economic loss
  • Title and interest to sue
  • Interdict
  • Damages
  • Planning control
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Delict [2024] SACCIV 50

Appeal in the cause Tracy Thomson against Iceland Foods Ltd (Sheriff Appeal Court Civil)

Appeal in the cause Tracy Thomson against Iceland Foods Ltd (Sheriff Appeal Court Civil) [2024] SACCIV 50 (18 December 2024)

The Sheriff Appeal Court upheld a negligence finding after a customer tripped on a raised mat at a supermarket entrance, confirming res ipsa loquitur applied.

  • Occupiers' liability
  • Res ipsa loquitur
  • Negligence
  • Breach of duty
  • Occupiers-liability
  • Res-ipsa-loquitur
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Delict [2024] CSOH 109

Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session)

Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session) [2024] CSOH 109 (13 December 2024)

The Court of Session held that a pursuer’s malicious-reporting claim against the chief constable was relevant enough to proceed to proof before answer.

  • Malicious prosecution
  • Reasonable and probable cause
  • Malice
  • Suppression of evidence
  • Police duties in reporting crime
  • Specification of pleadings
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Delict [2024] ScotCS CSOH_60

TECJET LTD AGAINST KIER CONSTRUCTION LTD

TECJET LTD AGAINST KIER CONSTRUCTION LTD [2024] ScotCS CSOH_60 (13 June 2024)

Court of Session case on fire-damage claims, assignation, title to sue, and prescription. The pursuer’s own claim survives; assignors’ claims are dismissed.

  • Negligence
  • Title to sue
  • Prescription
  • Assignation of claims
  • Duty of care
  • Quantum of damages
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Public procurement [2024] ScotCS CSOH_55

ROCHE DIAGNOSTICS LTD AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER

ROCHE DIAGNOSTICS LTD AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER [2024] ScotCS CSOH_55 (05 June 2024)

The Court of Session refused relevancy challenges to pleadings alleging unlawful means conspiracy and causing loss by unlawful means in a procurement dispute.

  • Unlawful means conspiracy
  • Causing loss by unlawful means
  • Breach of statutory duty
  • Anticipatory breach of contract
  • Contract modification
  • Tender process
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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.