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Conflict of laws [2022] ScotCS CSOH_94

HUGH HALL CAMPBELL KC AGAINST JAMES FINLAY (KENYA) LTD

HUGH HALL CAMPBELL KC AGAINST JAMES FINLAY (KENYA) LTD [2022] ScotCS CSOH_94 (20 December 2022)

The Court of Session refused to vary interim interdicts, finding no material change of circumstances and holding that comity did not require relief.

  • Anti-suit injunctions
  • Comity
  • Forum non conveniens
  • Interim interdict
  • Jurisdiction
  • Anti-suit-injunctions
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Aviation law [2022] ScotSC CSOH_40

COLIN MATHER AGAINST (FIRST) EASYJET AIRLINE COMPANY LIMITED and (SECOND) DRK HAMBURG MEDISERVICE gGmbH

COLIN MATHER AGAINST (FIRST) EASYJET AIRLINE COMPANY LIMITED and (SECOND) DRK HAMBURG MEDISERVICE gGmbH [2022] ScotSC CSOH_40 (18 May 2022)

A Scottish Court of Session case on Montreal Convention liability: easyJet was held liable without limit for a wheelchair disembarkation injury at Hamburg Airport.

  • Montreal convention 1999
  • Carrier liability
  • Limitation of liability
  • Agency
  • Contribution between wrongdoers
  • Personal injury
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Contract law [2022] ScotCS CSOH_26

MAYFLY GWR OFFSHORE CONTAINERS INDUSTRIA E COMERCIO LTDA AGAINST SWIRE OILFIELD SERVICES DO BRASIL LTDA

MAYFLY GWR OFFSHORE CONTAINERS INDUSTRIA E COMERCIO LTDA AGAINST SWIRE OILFIELD SERVICES DO BRASIL LTDA [2022] ScotCS CSOH_26 (15 March 2022)

The Court of Session held that a 2013 master service agreement did not replace an earlier distribution agreement and did not bind the defender under Brazilian law.

  • Distribution agreements
  • Supply agreements
  • Privity of contract
  • Interpretation of contracts
  • Termination of contracts
  • Governing law clauses
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Intellectual property [2019] ScotCS CSOH_86

THE UNIVERSITY COURT OF THE UNIVERSITY OF ST ANDREWS AGAINST STUDENT GOWNS LTD

THE UNIVERSITY COURT OF THE UNIVERSITY OF ST ANDREWS AGAINST STUDENT GOWNS LTD [2019] ScotCS CSOH_86 (08 November 2019)

The Court of Session held that it had jurisdiction over trade mark infringement and passing off claims against an English gown seller, and refused to stay the case for forum non conveniens.

  • Trade mark infringement
  • Passing off
  • Jurisdiction
  • Forum non conveniens
  • Online advertising
  • Competition law
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Private international law [2018] ScotCS CSOH_25

DOCHERTY AND OTHERS AGAINST THE SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS

DOCHERTY AND OTHERS AGAINST THE SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS [2018] ScotCS CSOH_25 (21 March 2018)

The Court of Session held that English law governed asbestos-related claims because the actionable injury occurred in England, and Rome II did not apply.

  • Applicable law in cross-border torts
  • Asbestos-related personal injury
  • Damages for relatives
  • Rome ii regulation
  • Common law choice of law rules
  • Choice-of-law
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Commercial law [2011] ScotCS CSOH_151

Wilmington Trust Company & Anor v Rolls-Royce Plc & Anor

Wilmington Trust Company & Anor v Rolls-Royce Plc & Anor [2011] ScotCS CSOH_151 (09 September 2011)

The court held that the defenders’ lien defence was relevant enough for proof before answer, but excluded foreign-law, uncertainty, and A1P1 averments as irrelevant.

  • Lien
  • Possessory rights
  • Aircraft leasing
  • Contractual interpretation
  • Unjust enrichment
  • Foreign law
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Family law [2011] ScotCS CSOH_101

MRA v NRK

MRA v NRK [2011] ScotCS CSOH_101 (17 June 2011)

The Court of Session dismissed an undefended petition to nullify a telephone marriage, holding the marriage was celebrated wholly in Pakistan and Scottish nullity was inappropriate.

  • Formal validity of marriage
  • Lex loci celebrationis
  • Telephone marriage
  • Dual validity rule
  • Marriage by proxy
  • Telephone-marriage
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Employment law [2010] ScotCS CSIH_52

Ravat v Halliburton Manufacturing and Services Ltd

Ravat v Halliburton Manufacturing and Services Ltd [2010] ScotCS CSIH_52 (22 June 2010)

Scottish appeal on whether section 94(1) ERA 1996 covered an unfair dismissal claim by a UK-based commuter working mainly in Libya.

  • Unfair dismissal
  • Territorial jurisdiction
  • Statutory interpretation
  • Unfair-dismissal
  • Territorial-jurisdiction
  • Employment-rights-act-1996
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Family law [2008] ScotCS CSIH_52

R A B v M I B

R A B v M I B [2008] ScotCS CSIH_52 (09 September 2008)

The Inner House held that the Scottish court should not decline jurisdiction in a divorce case involving child residence and contact issues.

  • Divorce
  • Child residence
  • Child contact
  • Forum non conveniens
  • Jurisdiction
  • Habitual residence
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Bankruptcy [2008] ScotCS CSOH_43

Parkes v MacGregor & Anor

Parkes v MacGregor & Anor [2008] ScotCS CSOH_43 (11 March 2008)

The Court of Session dismissed a reduction action challenging a Scottish sequestration based on an English costs order registered in Scotland. The pleadings disclosed no relevant exceptional ground.

  • Reduction of sequestration
  • Enforcement of uk judgments
  • Fraud on the court
  • Competency of reduction action
  • Statutory enforcement scheme
  • Reduction-of-sequestration
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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.