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Construction law [2018] ScotCS CSOH_120

AGRO INVEST OVERSEAS LIMITED AGAINST STEWART MILNE GROUP LIMITED AND AGRO INVEST OVERSEAS LIMITED AGAINST MORGAN ASSOCIATES AND AGRO INVEST OVERSEAS LIMITED AGAINST ROBERT TREMBATH T/A TREMBATH ASSOCIATES

AGRO INVEST OVERSEAS LIMITED AGAINST STEWART MILNE GROUP LIMITED AND AGRO INVEST OVERSEAS LIMITED AGAINST MORGAN ASSOCIATES AND AGRO INVEST OVERSEAS LIMITED AGAINST ROBERT TREMBATH T/A TREMBATH ASSOCIATES [2018] ScotCS CSOH_120 (18 December 2018)

The Court of Session repelled prescription and title-and-interest defences in a construction defects dispute, allowing Agro’s actions against three defenders to proceed.

  • Breach of contract
  • Professional negligence
  • Prescription (extinction of obligations)
  • Title and interest to sue
  • Relevant acknowledgement
  • Agency
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Environmental law [2015] ScotCS CSOH_21

ESSO PETROLEUM COMPANY Ltd AGAINST THE SCOTTISH MINISTERS & Ors

ESSO PETROLEUM COMPANY Ltd AGAINST THE SCOTTISH MINISTERS & Ors [2015] ScotCS CSOH_21 (17 February 2015)

The Court of Session allowed a nuisance and fault case against the first defenders to proceed to proof, but dismissed the case against the second defender.

  • Nuisance
  • Contaminated land
  • Vicarious liability
  • Damages
  • Interdict
  • Specific implement
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Civil procedure [2014] ScotCS CSOH_25

Anderson v Shetland Islands Council & Anor

Anderson v Shetland Islands Council & Anor [2014] ScotCS CSOH_25 (13 February 2014)

Lord Stewart refused conjunction of actions and allowed a contempt motion to be withdrawn, awarding expenses personally against Mr Anderson for that motion.

  • Contempt of court
  • Expenses (costs)
  • Conjunction of actions
  • Structural water damage
  • Nuisance
  • Breach of statutory duty
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Commercial law [2000] ScotCS 105

BP Exploration Operating Co Ltd v Chevron Shipping Company & Ors

BP Exploration Operating Co Ltd v Chevron Shipping Company & Ors [2000] ScotCS 105 (13 April 2000)

The Court of Session held that the claim against Chevron Transport was prescribed, but allowed proof before answer on the claims against Chevron Shipping and Tankers.

  • Prescription and limitation
  • Personal bar (estoppel)
  • Liability under harbours, docks, and piers clauses act 1847
  • Bareboat/demise charter
  • Assignment of statutory rights
  • Proof before answer
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Private international law [1933] ScotCS CSIH_1

Naftalin v LMS Railway

Naftalin v LMS Railway [1933] ScotCS CSIH_1 (18 January 1933)

The Scottish Court of Session held that a claim for solatium in a wrongful-death delict is governed by lex loci delicti, so the English law excluding solatium applied.

  • Choice of law in tort
  • Damages for wrongful death
  • Solatium
  • Measure of damages
  • Lex loci delicti
  • Lex fori
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Landlord and tenant [1901] ScotLR 39_257

Caldwell v. M'Callum

Caldwell v. M'Callum [1901] ScotLR 39_257 (18 December 1901)

The Court of Session held that a tenant’s claim was relevant where the landlord’s assistant assured him a cracked ceiling beam was safe, and plaster later fell causing damage.

  • Landlord liability
  • Reparation
  • Negligence
  • Habitability of leased premises
  • Landlord-liability
  • Tenant-rights
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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.