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Scotland decisions
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George Carroll against Dumfries and Galloway Council (Court of Session) [2024] CSOH 81 (20 August 2024)
The Court of Session held that Dumfries and Galloway Council did not breach its duty of care by continuing an investigation and disciplinary process after a teacher developed depression.
Forefront Scaffolding Hire & Sales LTD against Pro Global Freight Solutions Ltd & Ors (Sheriff Appeal Court Civil) [2024] SACCIV 39 (15 August 2024)
The Sheriff Appeal Court allowed the Chief Constable’s appeal, holding she was not competently convened and that the pleadings did not state a relevant delict claim.
LEONARDO HOTEL MANAGEMENT (UK) LTD AGAINST GALLIFORD TRY BUILDING 2014 LTD AND ANOTHER [2024] ScotCS CSOH_43 (19 April 2024)
Court of Session debate on prescription and specification in a cladding defects claim was allowed to proceed to proof before answer.
LAURA McCLUSKEY AGAINST SCOTT WILSON SCOTLAND LIMITED [2024] ScotCS CSOH_4 (23 January 2024)
The court held that a lead case did not bar every issue in a later personal injury action, but restricted the action to new averments and a further alleged breach.
TILBURY DOUGLAS CONSTRUCTION LTD AGAINST OVE ARUP & PARNTERS SCOTLAND LTD [2023] ScotCS CSOH_53 (16 August 2023)
The court held that a construction professional negligence claim was not prescribed, because the relevant loss was not clearly known until November 2014.
HIGHLANDS AND ISLANDS ENTERPRISE AGAINST GALLIFORD TRY INFRASTRUCTURE LTD [2023] ScotCS CSOH_21 (10 March 2023)
The Court of Session held that a prescription plea could not dispose of the claim at debate, except for one insufficiently specific head concerning scarf-joint cracking.
MINUTE FOR DUFF & PHELPS LTD IN THE ACTION AT THE INSTANCE OF DAVID JOHN WHITEHOUSE [2022] ScotCS CSOH_16 (11 February 2022)
The court granted Duff & Phelps permission to use documents from related proceedings in its own action, subject to exclusion of material covered by section 162 of the 2010 Act.
BENKERT UK LIMITED AGAINST PAINT DISPENSING LIMITED [2022] ScotCS CSOH_17 (11 February 2022)
The Court of Session held that a fire at Benkert’s plant was caused by a detached hose at the large dispenser and that Rexson’s liability was contractually limited.
THE SHORE PORTERS' SOCIETY OF ABERDEEN AND OTHERS AGAINST BROWN AND OTHERS [2021] ScotCS CSOH_37 (13 April 2021)
The Court of Session held that the Society’s pleadings were relevant for proof, including breach of trust, fiduciary duty, negligence and prescription issues.
DAVID JOHN WHITEHOUSE AGAINST (FIRST) THE CHIEF CONSTABLE OF POLICE SCOTLAND AND (THIRD) THE LORD ADVOCATE [2021] ScotCS CSOH_33 (24 March 2021)
The Court of Session granted permission to use recovered civil documents for reports to criminal authorities and an inquiry, with a limited self-incrimination safeguard.
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