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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.
Lord Harrower held that dependent relatives may recover under section 3 of the Damages (Scotland) Act 2011 where negligence materially accelerated death, even if it did not cause the death itself.
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).
Marco Lorenzo Fusi and others against Tina Giconda Maria Fusi or Filippi and others (Sheriff Court Civil) [2026] SCDUM 11 (26 November 2025)
The sheriff held that a servitude right of fuel storage had been established for 2 New Street by prescription, and fixed a later procedural hearing.
Donald Michie against Scott Hastie (Sheriff Court Civil) [2026] SCCAMP 27 (19 November 2025)
Sheriff Cameron held that a pedestrian servitude by prescription existed, but no vehicular servitude did. The defender was interdicted from vehicular access and ordered to pay reinstatement damages.
THE ENGINE YARD EDINBURGH LTD AND ANOTHER AGAINST BAYNE STEVENSON ASSOCIATES LTD [2024] ScotCS CSOH_13 (13 February 2024)
The Court of Session held that no third-party right arose in favour of the first pursuer and that the collateral-warranty obligation had prescribed.
W M MORRISON SUPERMARKETS PLC AGAINST (FIRST) LEM ESTATES LTD (IN LIQUIDATION) and KEITH ANDERSON, the liquidator thereof; (SECOND) STRUER CONSULTING ENGINEERS LTD; (THIRD) MUIR CONSTRUCTION LTD [2020] ScotCS CSOH_31 (11 March 2020)
Court of Session decision on design responsibility, personal bar, and prescription in a construction dispute over a supermarket car park surface.
LORETTO HOUSING ASSOCIATION LTD AGAINST CRUDEN BUILDING & RENEWALS LTD AND OTHERS [2019] ScotCS CSOH_78 (10 October 2019)
Court of Session refused to dismiss prescription-based claims in a construction defect dispute, holding the parties’ section 6(4) error arguments required inquiry.
Promontoria (RAM) Ltd v Moore [2017] ScotCS CSOH_88 (21 June 2017)
The Court of Session held that a personal guarantee was assignable, no delectus personae arose, and any intimation defect was cured. The defender’s pleas were repelled.
Docherty & Ors v. The Scottish Ministers [2011] ScotCS CSIH_58 (02 September 2011)
The Inner House held that Convention-rights damages claims under the Scotland Act were not subject to quinquennial prescription and could competently proceed by ordinary action.
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