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Scotland Case Law

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Maritime law

Dales Marine Services Limited against The United States of America and others

The Court of Session held that Dales Marine’s summons was, in substance, a statutory limitation application excluded from Schedule 8 jurisdiction, and sustained the defenders’ relevancy pleas.

  • Limitation of liability
  • Dock owners' liability
  • Limitation fund
  • Schedule 8 and schedule 9 of the civil jurisdiction and judgments act 1982
  • Article 11 of the convention on limitation of liability for maritime claims 1976
  • Maritime-law
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Data protection

Joseph Henderson against The Scottish Ministers

The court held that the wrong document delivered was the Parole Board decision letter, not the minute, and that Joseph Henderson proved no compensable damage.

  • Wrongful disclosure of prison parole documents
  • Uk gdpr
  • Data protection act 2018
  • Article 8 echr
  • Compensation for non-material damage
  • Causation and proof of loss
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Housing law

Graham Lundie against David Dickson & Carrie Richmond

The Upper Tribunal allowed the landlord’s appeal, holding that the First-tier Tribunal gave inadequate reasons on key disrepair findings and damages, and remitted the case for redetermination.

  • Private residential tenancy
  • Disrepair
  • Damages
  • Abatement of rent
  • Inconvenience
  • Adequacy of reasons
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Civil procedure

Sir Iain Livingstone QPM, Chief Constable of Scotland v Kevin Booth

The Sheriff Appeal Court refused an appeal against a trafficking and exploitation risk order, including a five-year ban on foreign travel, and upheld the expenses award.

  • Trafficking and exploitation risk order
  • Foreign travel ban
  • Article 8 echr proportionality
  • Expenses
  • Amendment of pleadings
  • Trafficking-and-exploitation-risk-order
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Construction law

Entexol Limited against Sked Construction Limited

Court of Session enforcement decision on an adjudicator’s award: the natural justice challenge failed, and decree was granted on the first conclusion.

  • Enforcement of adjudicator’s award
  • Natural justice
  • Contra charges
  • Time at large
  • Summary decree
  • Construction-law
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Civil procedure

Angela Gordon against Social Care and Social Work Improvement Scotland

The Sheriff Appeal Court refused Angela Gordon’s appeal, holding that her loss averments lacked specification and relevancy. It also upheld dismissal of her negligence, defamation and human-rights claims.

  • Specification and relevancy
  • Time bar/prescription
  • Misfeasance in public office
  • Negligence duty of care
  • Defamation
  • Regulatory powers of the care inspectorate
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Defamation

Manjit Ram against James Stirling

Expenses judgment after absolvitor in a defamation and injuria action. The sheriff awarded defender’s expenses on a party-and-party basis with a 35% uplift.

  • Qualified privilege
  • Veritas
  • Malice
  • Single meaning
  • Injuria
  • Quantum
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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.

Source links and collection timestamps are retained alongside the indexed records.