Scotland Case 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

Read case analysis

Caledonia Water Alliance against Electrosteel Castings (UK) LTD (Court of Session)

Caledonia Water Alliance against Electrosteel Castings (UK) LTD (Court of Session) [2024] CSOH 87 (13 September 2024)

The Court of Session held that Scottish Water’s Standard Terms governed 60 supply contracts, so the Scottish court had jurisdiction.

• Battle of the forms
• Framework agreements
• Objective construction
• Jurisdiction clauses
• Battle-of-the-forms
• Framework-agreements

Read case analysis

APPEAL BY STATED CASE BY LO AND EO AGAINST ANNE MARIE McGINLEY, LOCALITY REPORTER MANAGER, SCOTTISH CHILDREN'S REPORTER ADMINISTRATION

APPEAL BY STATED CASE BY LO AND EO AGAINST ANNE MARIE McGINLEY, LOCALITY REPORTER MANAGER, SCOTTISH CHILDREN'S REPORTER ADMINISTRATION [2022] ScotCS CSIH_50 (22 November 2022)

The Inner House held that jurisdiction had already been established, refused to revisit it, and found no error in declining to seek an Article 15 transfer to Italy.

• Habitual residence
• Jurisdiction of children's hearings
• Transfer of proceedings under brussels ii bis
• Compulsory supervision orders
• Procedural irregularity
• Children-protection

Read case analysis

PETITIONS FOR THE EXERCISE OF THE NOBILE OFFICIUM BY THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF LAMBETH AND MEDWAY COUNCIL

PETITIONS FOR THE EXERCISE OF THE NOBILE OFFICIUM BY THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF LAMBETH AND MEDWAY COUNCIL [2021] ScotCS CSIH_59 (21 September 2021)

The Court of Session gave procedural guidance for petitions seeking recognition of English child deprivation-of-liberty orders in Scotland, stressing prompt, time-limited applications.

• Deprivation of liberty of children
• Cross-border placement of children
• Recognition of foreign court orders
• Nobile officium
• Procedural guidance
• Child-law

Read case analysis

BN RENDERING LIMITED AGAINST EVERWARM LIMITED

BN RENDERING LIMITED AGAINST EVERWARM LIMITED [2018] ScotCS CSOH_45 (27 April 2018)

The Court of Session held that an exclusive English jurisdiction clause applied to enforcement of an adjudicator’s award, so the Scottish action was dismissed.

• Exclusive jurisdiction clauses
• Consent to jurisdiction
• Enforcement of adjudicator's awards
• Construction contracts
• Exclusive-jurisdiction-clauses
• Adjudication-enforcement

Read case analysis

CAMPBELL AGAINST HER MAJESTY'S ADVOCATE

CAMPBELL AGAINST HER MAJESTY'S ADVOCATE [2015] ScotHC HCJAC_28 (12 March 2015)

The High Court of Justiciary considered whether a Scottish court could order return to prison under section 16 of the 1993 Act for an English sentence after transfer to Scotland.

• Early release of prisoners
• Jurisdiction over transferred sentences
• Interpretation of prisoners and criminal proceedings (scotland) act 1993 section 16
• Inter-jurisdictional powers in the uk
• Statutory interpretation
• Sentencing

Read case analysis

Hallan Land Management Ltd v A Decision by RW Maslin

Hallan Land Management Ltd v A Decision by RW Maslin [2014] ScotCS CSIH_110 (19 December 2014)

The Inner House held that it had no jurisdiction to order TripAdvisor LLC to disclose user identities under section 1(1A) of the 1972 Act.

• Extraterritorial jurisdiction
• Disclosure of identity
• Forum selection clauses
• Jurisdiction
• Disclosure-of-identity
• Forum-selection-clauses

Read case analysis

NOTE (No 2) BY SHERIFF GEORGE JAMIESON IN THE FAMILY ACTION G O T v K J K

NOTE (No 2) BY SHERIFF GEORGE JAMIESON IN THE FAMILY ACTION G O T v K J K [2014] ScotSC 82 (05 August 2014)

The sheriff held that section 41(3) of the Family Law Act 1986 did not apply, so the Scottish court retained jurisdiction over a residence order application.

• Residence order
• Habitual residence
• Child removal
• Jurisdiction under family law act 1986
• Family-law
• Child-habitual-residence

Read case analysis

FAMILY ACTION G O T v K J K

FAMILY ACTION G O T v K J K [2014] ScotSC 81 (05 August 2014)

The sheriff held the Scottish court had jurisdiction to hear a residence order application, subject to a further issue under section 41(3) of the Family Law Act 1986.

• Residence orders
• Habitual residence
• Child removal
• Jurisdictional conflict
• Parental rights
• Family-law

Read case analysis

G O T v K J K

G O T v K J K [2014] ScotSC 83 (05 August 2014)

The sheriff refused to sist a child residence/contact case to England, holding Scotland remained the more appropriate forum under section 14 of the Family Law Act 1986.

• Residence orders
• Contact orders
• Forum non conveniens
• Jurisdiction within uk
• Children's welfare
• Family-law

Read case analysis