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Scotland Case Law

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Contract-law [2026] CSIH 20

Reclaiming Motion by Nadeem Sarwar against Phlo Technologies LTD and others (Court of Session)

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.

  • Waiver
  • Personal-bar
  • Service-agreements
  • Warranties
  • Declarator
  • Interdict
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Employment-law [2026] CSIH 19

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)

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.

  • Permanent-health-insurance-schemes
  • Unauthorised-deduction-from-wages
  • Implied-terms-in-employment-contracts
  • Wrongful-dismissal
  • Collateral-obligations
  • Remedies-for-breach-of-contract
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Tort [2026] CSOH 34

John Reid against MCM Building & Civil Engineering Construction LTD and another (Court of Session)

John Reid against MCM Building & Civil Engineering Construction LTD and another (Court of Session) [2026] CSOH 34 (01 April 2026)

The court held that John Reid was negligently exposed to asbestos by both defenders and that each materially increased the risk of mesothelioma.

  • Asbestos-exposure
  • Employer's-liability
  • Mesothelioma
  • Negligence
  • Apportionment-of-liability
  • Employer-liability
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Freedom-of-information [2026] ScotIC 032_2026

Aberdeen City Council (Employee responses to a consultation on reducing the standard working week from 37 hours to 35 hours)

Aberdeen City Council (Employee responses to a consultation on reducing the standard working week from 37 hours to 35 hours) [2026] ScotIC 032_2026 (02 March 2026)

The Commissioner partly upheld an FOI request about consultation responses on reducing Aberdeen City Council’s working week, requiring anonymised disclosure while protecting identifying personal data.

  • Disclosure-of-consultation-responses
  • Reduction-of-working-hours
  • Freedom-of-information
  • Personal-data
  • Employment-consultation
  • Anonymisation
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Private-international-law [2026] SCEDIN 10

Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court)

Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court) [2026] SCEDIN 10 (16 January 2026)

A Scottish sheriff determined that Kenyan law governs seven work-injury claims and held that WIBA, not common law, would likely apply to claims filed during the relevant transitional period.

  • Choice-of-law
  • Work-injury-compensation
  • Statutory-interpretation
  • Legitimate-expectation
  • Jurisdiction
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Contract-law [2026] SCDUNF 36

Watermans Property Sales LTD against Tzana Rachelle Jordan Webster (Sheriff Court Civil)

Watermans Property Sales LTD against Tzana Rachelle Jordan Webster (Sheriff Court Civil) [2026] SCDUNF 36 (18 December 2025)

The sheriff dismissed an employment breach claim for lack of specification, finding the pleadings too speculative on both alleged solicitation and loss.

  • Restrictive-covenants
  • Confidentiality
  • Non-solicitation
  • Specification-of-pleadings
  • Loss-of-chance
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Employment-law [2025] SCEDIN 81

Mark Andrew Card against Chief Constable, Police Service of Scotland (National Personal Injury Court)

Mark Andrew Card against Chief Constable, Police Service of Scotland (National Personal Injury Court) [2025] SCEDIN 81 (20 October 2025)

A police constable won reparation after a knife incident, with liability based on negligent recording and failure to deploy firearms officers, but damages were reduced 40% for contributory negligence.

  • Employer's-duty-of-care
  • Vicarious-liability
  • Negligence
  • Safe-system-of-work
  • Contributory-negligence
  • Police-negligence
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Administrative-law [2026] SCDUN 5

Kingsley Aigbe against Scottish Social Services Council (Sheriff Court Civil)

Kingsley Aigbe against Scottish Social Services Council (Sheriff Court Civil) [2026] SCDUN 5 (17 October 2025)

Sheriff Niven-Smith refused an appeal against a fitness-to-practise removal order, holding the panel was entitled to accept corroborated parts of a witness’s evidence.

  • Fitness-to-practice
  • Evidentiary-assessment
  • Burden-of-proof
  • Sanctions-in-professional-regulation
  • Professional-regulation
  • Appellate-review
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Defamation [2025] SACCIV 36

Ashton Properties (Glasgow) LTD against Unite the Union (Sheriff Appeal Court Civil)

Ashton Properties (Glasgow) LTD against Unite the Union (Sheriff Appeal Court Civil) [2025] SACCIV 36 (09 October 2025)

The Sheriff Appeal Court refused an appeal in a defamation case about tweets on X, Facebook and Instagram, holding they conveyed that Brel employees’ wages were being cut.

  • Defamatory-statements
  • Social-media-publications
  • Meaning-of-words
  • Employment-wages
  • Interpretation-of-tweets
  • Defamation
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Employment-law [2025] SCEDIN 17

Thomas Ward against WM Morrison Supermarket PLC and others (National Personal Injury Court)

Thomas Ward against WM Morrison Supermarket PLC and others (National Personal Injury Court) [2025] SCEDIN 17 (14 March 2025)

The sheriff held the second defender liable in negligence for a loading accident, finding 30% contributory negligence and awarding £56,818 after deductions.

  • Employer's-liability
  • Common-law-duty-of-care
  • Risk-assessment
  • Contributory-negligence
  • Workplace-accident
  • Settlement-and-satisfaction
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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.