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Family law

NS against PSC

Lady Tait refused a motion to sist a Scottish divorce action in favour of Californian separation proceedings, holding the balance of fairness and convenience favoured Scotland.

  • Sist
  • Forum non conveniens
  • Lis alibi pendens
  • Jurisdiction
  • Divorce
  • Legal separation
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Civil procedure [2026] CSOH 39

Robert Adamson against Arnold Clark Automobiles LTD (Court of Session)

Robert Adamson against Arnold Clark Automobiles LTD (Court of Session) [2026] CSOH 39 (16 April 2026)

The Court of Session refused a reclaiming motion and affirmed permission for group proceedings over a 2022 cyber breach, holding forum non conveniens should not be decided at permission stage.

  • Group proceedings
  • Forum non conveniens
  • Jurisdiction
  • Data breach
  • Uk gdpr
  • Civil litigation (expenses and group proceedings) (scotland) act 2018
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Civil procedure [2026] CSOH 33

Balraj Singh Binning v Davindar Binning (Court of Session)

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.

  • Res judicata
  • Breach of contract
  • Fraudulent misrepresentation
  • Foreign judgments
  • Family arrangements
  • Res-judicata
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Private international law [2026] CSOH 23

Tamkara Olayinka Irimagha or Adun against David Kehinde Adun (Court of Session)

Tamkara Olayinka Irimagha or Adun against David Kehinde Adun (Court of Session) [2026] CSOH 23 (11 March 2026)

The Court of Session granted a discretionary sist in a divorce action, holding that Nigeria was the prima facie more appropriate forum and that substantial justice was not shown to be at risk there.

  • Jurisdiction in divorce
  • Forum non conveniens
  • Discretionary sist
  • International matrimonial proceedings
  • Discretionary-sist
  • Forum-non-conveniens
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Private international law [2026] CSIH 7

Papel Payment Services Provider LLC against Monitox LTD (Court of Session)

Papel Payment Services Provider LLC against Monitox LTD (Court of Session) [2026] CSIH 7 (06 February 2026)

The Inner House allowed enforcement of a Dubai payment order, holding that Monitox had sufficient notice and no breach of natural justice arose.

  • Recognition and enforcement of foreign judgments
  • Natural justice
  • Service of process
  • Translation of legal documents
  • Contractual jurisdiction clauses
  • Recognition-and-enforcement-of-foreign-judgments
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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
  • Choice-of-law
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Insolvency [2024] CSOH 91

Note by Stuart Preston and Julie Tait as joint administrators of Signal Real Estate Opportunities (Court of Session)

Note by Stuart Preston and Julie Tait as joint administrators of Signal Real Estate Opportunities (Court of Session) [2024] CSOH 91 (26 September 2024)

The Court of Session held that the Scottish administration was ancillary to Luxembourg insolvency proceedings and directed the administrators accordingly.

  • Ancillary liquidation
  • Cross-border insolvency
  • Administration directions
  • Distribution of assets
  • Judicial cooperation
  • Ancillary-insolvency
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Civil procedure [2024] CSOH 86

MEX Group Worldwide LTD against Stewart Owen Ford & Others (Court of Session)

MEX Group Worldwide LTD against Stewart Owen Ford & Others (Court of Session) [2024] CSOH 86 (12 September 2024)

The court upheld jurisdiction over non-Scottish defenders in an alleged conspiracy claim, rejected forum non conveniens, and enforced a prorogation clause for Deed-based disputes.

  • Jurisdiction
  • Forum non conveniens
  • Prorogation agreements
  • Unlawful means conspiracy
  • Choice of law
  • Forum-non-conveniens
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Family law [2024] CSIH 20

Appeal by FPS against SM (Court of Session)

Appeal by FPS against SM (Court of Session) [2024] CSIH 20 (26 July 2024)

The Inner House refused an appeal in a child abduction case, holding that the children’s objections and welfare were properly weighed and that the Spanish order was not determinative.

  • Child abduction under the 1980 hague convention
  • Recognition and enforcement of foreign orders under the 1996 hague convention
  • Child objections to return
  • Best interests of the child
  • Comity and recognition of foreign judgments
  • Child-abduction
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Private international law [2024] ScotCS CSOH_34

SIMON MORRISON AGAINST MAPFRE MIDDLESEA INSURANCE PLC AND CITY SIGHTSEEING MALTA LTD

SIMON MORRISON AGAINST MAPFRE MIDDLESEA INSURANCE PLC AND CITY SIGHTSEEING MALTA LTD [2024] ScotCS CSOH_34 (21 March 2024)

The Court of Session held that Recast Brussels I did not confer jurisdiction over the second defender, and dismissed the action against it.

  • Jurisdiction post-brexit
  • Direct actions against insurers
  • Interpretation of article 13(3) recast brussels i
  • State immunity
  • Lis alibi pendens
  • Post-brexit-jurisdiction
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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.