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
Civil litigation

CD and others against Grampian NHS Board

Clinical negligence fatal claims: the court held the third and fourth pursuers’ claims were timeous, the sixth pursuer was ineligible, and awarded damages of £150,000 and £75,000.

  • Limitation
  • Time bar
  • Section 19a discretion
  • Fatal claims
  • Eligibility of relative claimant
  • Quantum of bereavement damages
Read case analysis
Civil procedure [2018] ScotCS CSIH_46

TARMAC TRADING LIMITED AGAINST MARJORY GRAHAM DARE SIMPSON OR HAMILTON AS THE EXECUTRIX OF THE LATE ROBERT SCOTT HAMILTON

TARMAC TRADING LIMITED AGAINST MARJORY GRAHAM DARE SIMPSON OR HAMILTON AS THE EXECUTRIX OF THE LATE ROBERT SCOTT HAMILTON [2018] ScotCS CSIH_46 (04 July 2018)

The Inner House held that an unsigned citation form could be relieved under rule 2.1, allowing the action to proceed despite the service defect.

  • Service of process
  • Dispensing power
  • Citation validity
  • Prescription
  • Service-of-process
  • Dispensing-power
Read case analysis
Personal injury [2014] ScotCS CSOH_121

McCARN & Ors v SECRETARY OF STATE FOR BUSINESS, INNOVATON AND SKILLS

McCARN & Ors v SECRETARY OF STATE FOR BUSINESS, INNOVATON AND SKILLS [2014] ScotCS CSOH_121 (05 August 2014)

The Court of Session awarded £35,000 each to five adult children for loss under section 4(3)(b) after their father died of mesothelioma.

  • Quantification of damages
  • Mesothelioma
  • Damages (scotland) act 2011 section 4(3)(b)
  • Loss of society and guidance
  • Interest on damages
  • Personal-injury
Read case analysis
Personal injury [2011] ScotCS CSOH_159

Wolff & Ors v John Moulds (Kilmarnock) Ltd & Anor

Wolff & Ors v John Moulds (Kilmarnock) Ltd & Anor [2011] ScotCS CSOH_159 (29 September 2011)

Fatal mesothelioma damages case in the Court of Session, with awards made for solatium, services, loss of support, and bereavement to the deceased's family.

  • Mesothelioma
  • Asbestos exposure
  • Damages
  • Bereavement
  • Loss of support
  • Funeral expenses
Read case analysis
Property law [2011] ScotCS CSIH_41

Propinvest Paisley LP Against A Decision Of The Lands Tribunal

Propinvest Paisley LP Against A Decision Of The Lands Tribunal [2011] ScotCS CSIH_41 (29 June 2011)

The Inner House allowed an appeal on a preliminary issue about Lands Tribunal jurisdiction over lease conditions under the Title Conditions (Scotland) Act 2003.

  • Title conditions
  • Jurisdiction of lands tribunal
  • Registrable leases
  • Real burdens
  • Variation and discharge of lease conditions
  • Title-conditions
Read case analysis
Property law [1918] ScotLR 454

Mason and Another v. Ritchie's Trustees

Mason and Another v. Ritchie's Trustees [1918] ScotLR 454 (28 March 1918)

Scottish feudal casualty appeal held that composition on entry was limited to the £1 feu-duty actually received, not the lands’ annual value.

  • Feudal casualties
  • Redemption of casualties
  • Subfeu-duty
  • Composition
  • Feudal casualties (scotland) act 1914
  • Feudal-casualties
Read case analysis
Civil procedure [1916] ScotLR 452

Mackenzie v. Maclennan

Mackenzie v. Maclennan [1916] ScotLR 452 (16 March 1916)

The Court of Session held that suspension of a decree of lawburrows was incompetent after the Civil Imprisonment (Scotland) Act 1882.

  • Lawburrows
  • Suspension
  • Competency of remedies
  • Civil imprisonment (scotland) act 1882
  • Scottish-civil-procedure
  • Summary-jurisdiction
Read case analysis
Property law [1914] ScotLR 717

Baikie v. Governors of Kirkwall Educational Trust

Baikie v. Governors of Kirkwall Educational Trust [1914] ScotLR 717 (26 June 1914)

The Court of Session held that annual payments imposed by an entail had to be secured before disentail, and were not extinguished by the disentail process.

  • Entail
  • Disentail
  • Statutory interpretation
  • Secured obligations
  • Annuity
  • Entail amendment act 1848
Read case analysis
Property law [1909] ScotLR 43

Inglis' Trustees. v. Macpherson

Inglis' Trustees. v. Macpherson [1909] ScotLR 43 (03 November 1909)

The Court of Session recalled an order requiring a defender to find caution for violent profits, holding that the repealed 1838 regime no longer applied and the 1907 Act made the matter discretionary.

  • Heritable securities
  • Summary ejection
  • Caution for violent profits
  • Statutory interpretation
  • Repeal of statutes
  • Caution-for-violent-profits
Read case analysis
Civil law [1901] ScotLR 39_88

Brodie v. Brodie

Brodie v. Brodie [1901] ScotLR 39_88 (09 November 1901)

The Court of Session held that the pursuer proved a sufficient casus amissionis for a missing bond of annuity and granted decree for proving the tenor.

  • Proving the tenor
  • Bond of annuity
  • Casus amissionis
  • Deed importing obligation
  • Proving-the-tenor
  • Casus-amissionis
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.