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Professional negligence

Cannons Law Practice LLP v The Scottish Legal Complaints Commission

The Inner House quashed a complaint finding against Cannons Law Practice LLP, holding the Commission conflated family-law specialisation with competence, but left three other complaints intact.

  • Complaints against solicitor firm
  • Competence and specialisation
  • Conflict of interest
  • Terms of business
  • Counsel fees
  • Compensation/sanction on complaints
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Professional negligence [2026] CSOH 16

Karen Lamb against Thomas Ross Bennett, George Ewan Moffat And Kenneth James Haward Soper as the partners of the firm of Campbell Boath, Solicitors and as individuals (Court of Session)

Karen Lamb against Thomas Ross Bennett, George Ewan Moffat And Kenneth James Haward Soper as the partners of the firm of Campbell Boath, Solicitors and as individuals (Court of Session) [2026] CSOH 16 (03 March 2026)

The Court of Session rejected a former client's professional negligence claim against her solicitors, holding she was adequately warned and gave informed instructions to proceed.

  • Solicitor's duty of care
  • Conveyancing standards
  • Breach of contract
  • Damages assessment
  • Professional-negligence
  • Conveyancing
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Professional negligence [2025] SCEDI 78

Comino Properties Ltd against DHKK Ltd (Sheriff Court Civil)

Comino Properties Ltd against DHKK Ltd (Sheriff Court Civil) [2025] SCEDI 78 (16 October 2025)

A Scottish sheriff dismissed a purchaser’s claim against a surveyor’s company over a home report, holding the pleadings lacked a relevant case of professional negligence.

  • Surveyor's liability
  • Home report requirements
  • Measure of damages
  • Professional standard of care
  • Professional-negligence
  • Surveyors-liability
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Professional negligence [2025] SCEDIN 56

Madden against McEwan Fraser Legal and others (Sheriff Court Civil)

Madden against McEwan Fraser Legal and others (Sheriff Court Civil) [2025] SCEDIN 56 (05 September 2025)

Sheriff Thomson held that a firm of solicitors negligently failed to clearly warn purchasers that they might not obtain sole ownership of an access road.

  • Solicitor's duty of care
  • Conveyancing
  • Marketable title
  • Prescription
  • Damages
  • Professional-negligence
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Contract law [2025] SCGLA 75

Michael James Cochrane against Harper MacLeod LLP (Sheriff Court Civil)

Michael James Cochrane against Harper MacLeod LLP (Sheriff Court Civil) [2025] SCGLA 75 (15 August 2025)

A Scottish sheriff dismissed a professional negligence claim against solicitors after holding that the retainer excluded tax advice and that the pleadings lacked specification.

  • Scope of professional retainer
  • Exclusion clauses
  • Duty to advise or refer for tax advice
  • Loss of chance claims
  • Specification of pleadings
  • Professional-negligence
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Professional negligence [2025] SCHAM 50

Scott Robertson and another against Hay Cassels LTD (Sheriff Court Civil)

Scott Robertson and another against Hay Cassels LTD (Sheriff Court Civil) [2025] SCHAM 50 (25 June 2025)

In a solicitor-negligence claim over a property purchase, the sheriff dismissed only the legal-costs head for lack of specification and allowed proof before answer on the remaining averments.

  • Solicitor's duty of care
  • Damages for breach of contract
  • Measure of loss
  • Scope of duty
  • Remoteness of damage
  • Professional-negligence
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Contract law [2025] SCFAL 004

Fraser Allison and Vivian Allison against Russel + Aitken (Falkirk & Alloa) Ltd (Sheriff Court Civil)

Fraser Allison and Vivian Allison against Russel + Aitken (Falkirk & Alloa) Ltd (Sheriff Court Civil) [2025] SCFAL 004 (05 February 2025)

A sheriff refused a solicitor defenders’ motion to dismiss a negligence and breach of contract claim over failure to disclose a planning proposal in a property enquiry certificate.

  • Solicitor's duty of care
  • Breach of contract
  • Damages assessment
  • Specification of pleadings
  • Professional negligence
  • Disclosure obligations
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Professional negligence [2024] CSOH 100

Hayley Darknell-King against Slater and Gordon UK LTD and Others (Court of Session)

Hayley Darknell-King against Slater and Gordon UK LTD and Others (Court of Session) [2024] CSOH 100 (08 November 2024)

The Court of Session held that the pursuer’s claim was relevant against the third and fifth defenders, but dismissed it against the fourth defender.

  • Solicitor-client contract construction
  • Assumption of liability on business transfer
  • Loss of chance in settlement negotiations
  • Professional duty of care
  • Specification of pleadings in negligence
  • Professional-negligence
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Contract law [2024] CSOH 99

Dale House Developments LTD against Brian C Ronnie and Ryden LLP (Court of Session)

Dale House Developments LTD against Brian C Ronnie and Ryden LLP (Court of Session) [2024] CSOH 99 (06 November 2024)

The Court of Session held that an independent valuer breached contract and professional duty by failing to properly cross-check a hotel valuation and consider market comparables.

  • Expert determination
  • Valuation of development land
  • Duties of independent valuer
  • Rics red book standards
  • Residual valuation method
  • Cross-checking with market comparables
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Professional negligence [2024] ScotCS CSIH_13

CENTENARY 6 LTD AGAINST TLT LLP

CENTENARY 6 LTD AGAINST TLT LLP [2024] ScotCS CSIH_13 (04 June 2024)

The Inner House upheld a solicitor-negligence award arising from a failed section 212 insolvency claim and only adjusted the treatment of certain expense awards.

  • Solicitor's duty of care
  • Loss of a chance
  • Prescription and limitation
  • Liquidator's duties
  • Section 212 insolvency act 1986
  • Litigation funding
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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.