Sign in
Scotland Source-linked decisions Coverage checked

Scotland Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Scotland decisions

Decisions matching the current search

Clear filters
Trust law [2023] ScotCS CSIH_31

PETITION OF abrdn (SLSPS) PENSION TRUSTEE COMPANY LTD FOR DIRECTIONS

PETITION OF abrdn (SLSPS) PENSION TRUSTEE COMPANY LTD FOR DIRECTIONS [2023] ScotCS CSIH_31 (01 August 2023)

The Court of Session held that the pension trustee could enter a de-risking buy-in and buy-out arrangement, and that any surplus would be held on resulting trust for employers.

  • Resulting trusts
  • Pension scheme surplus
  • Trustee discretion
  • De-risking transactions
  • Fiduciary duties
  • Resulting-trusts
Read case analysis
Administrative law [2022] ScotCS CSIH_20

APPEAL BY H AGAINST MYCSP AND OTHERS

APPEAL BY H AGAINST MYCSP AND OTHERS [2022] ScotCS CSIH_20 (26 April 2022)

Court of Session dismissed an appeal from the Pensions Ombudsman, holding there was no error of law in relying on Dr Groom’s report or in the apportionment finding.

  • Maladministration
  • Pensions ombudsman
  • Bias (actual and apparent)
  • Judicial review of ombudsman decisions
  • Apportionment of injury in pension schemes
  • Pensions-law
Read case analysis
Pensions law [2020] ScotCS CSIH_73

APPEAL BY STATED CASE BY NEIL CUNNINGHAM AGAINST NAMULAS PENSION TRUSTEES LTD

APPEAL BY STATED CASE BY NEIL CUNNINGHAM AGAINST NAMULAS PENSION TRUSTEES LTD [2020] ScotCS CSIH_73 (18 December 2020)

The Inner House refused an appeal against a Pensions Ombudsman determination, holding that Namulas acted reasonably in administering a SIPP and that withdrawal of the complaint could properly be refused.

  • Maladministration
  • Fiduciary duty
  • Self-invested personal pension (sipp)
  • Unauthorised payment tax charge
  • Withdrawal of complaint
  • Ombudsman procedure
Read case analysis
Pensions law [2018] ScotCS CSIH_2

LILBURN, NOTE BY AGAINST (FIRST) AA, THE PENSIONS OMBUDSMAN AND (SECOND) CG, (FORMER) DEPUTY PENSIONS OMBUDSMAN AND CPLAS TRUSTEES LIMITED FOR AN ORDER ORDAINING THE PENSIONS OMBUDSMAN TO STATE A CASE FOR THE OPINION OF THE COURT

LILBURN, NOTE BY AGAINST (FIRST) AA, THE PENSIONS OMBUDSMAN AND (SECOND) CG, (FORMER) DEPUTY PENSIONS OMBUDSMAN AND CPLAS TRUSTEES LIMITED FOR AN ORDER ORDAINING THE PENSIONS OMBUDSMAN TO STATE A CASE FOR THE OPINION OF THE COURT [2018] ScotCS CSIH_2 (15 December 2017)

The Inner House refused to let the noter appeal out of time or ordain a stated case, holding the delay was deliberate and inexcusable.

  • Appeals on point of law
  • Dispensing power under court rules
  • Delay and procedural default
  • Trustees' duties
  • Pension scheme interpretation
  • Civil-procedure
Read case analysis
Family law [2015] ScotCS CSIH_61

McDonald v Flockhart Moffat Newton or Mcdonald

McDonald v Flockhart Moffat Newton or Mcdonald [2015] ScotCS CSIH_61 (11 August 2015)

Inner House appeal on pension sharing in divorce. The court addressed how to apportion pension value under regulation 4 of the 2000 Regulations.

  • Financial provision on divorce
  • Pension sharing orders
  • Matrimonial property
  • Statutory interpretation
  • Family-law
  • Pensions-law
Read case analysis
Contract law [2015] ScotCS CSOH_83

Mackie & Ors (Trustees of The Rex Procter & Partners Retirement Benefits Scheme) v Edwards & Anor

Mackie & Ors (Trustees of The Rex Procter & Partners Retirement Benefits Scheme) v Edwards & Anor [2015] ScotCS CSOH_83 (24 June 2015)

The Court of Session considered claims that an actuary negligently advised pension trustees to switch from a guaranteed deferred annuity contract to a managed fund.

  • Breach of contract
  • Negligence
  • Statute of limitations
  • Prescription
  • Actuarial duties
  • Trustees' duties
Read case analysis
Trust law [2014] ScotCS CSOH_76

Glasgow City Council v Springboig St John's School & Anor

Glasgow City Council v Springboig St John's School & Anor [2014] ScotCS CSOH_76 (27 March 2014)

The court refused recall of an inhibition, holding that Glasgow City Council had made a prima facie case that trust property could meet the defenders’ debt.

  • Trust patrimony and liability
  • Inhibition on the dependence
  • Trustee liability for debts
  • Pension cessation liabilities
  • Trust-law
  • Inhibition-on-the-dependence
Read case analysis
Pensions law [2011] ScotCS CSOH_130

The City of Edinburgh Council v Scottish Council for Research

The City of Edinburgh Council v Scottish Council for Research [2011] ScotCS CSOH_130 (11 August 2011)

The Court of Session rejected a bid to rectify pension regulations and dismissed a claim to recover a deficit from former admission bodies.

  • Local government pension schemes
  • Statutory rectification
  • Administrative law
  • Employer liability for pension deficits
  • Statutory-interpretation
  • Local-government-pension-scheme
Read case analysis
Pensions law [2011] ScotCS CSIH_6

Currie & Ors, Re Pensions Act 2004

Currie & Ors, Re Pensions Act 2004 [2011] ScotCS CSIH_6 (20 January 2011)

The Court of Session refused an appeal about a pension levy failure score, holding the trustees could not raise Article 8 rights for non-party partners.

  • Risk-based pension protection levy
  • Failure score calculation
  • Confidentiality of financial information
  • Article 8 echr
  • Human rights act 1998
  • Judicial review of administrative determinations
Read case analysis
Pensions law [2010] ScotCS CSOH_52

William Grant and Sons Ltd & Ors v Mercer Ltd

William Grant and Sons Ltd & Ors v Mercer Ltd [2010] ScotCS CSOH_52 (09 April 2010)

The Court of Session held that the pursuers’ pleadings were sufficiently relevant to proceed on whether a pension scheme was amended before May 2001.

  • Pension scheme amendment
  • Equalisation of retirement age
  • Professional adviser duties
  • Presumption of regularity
  • Section 35a companies act 1985
  • Pension-scheme-amendment
Read case analysis

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.