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Scotland decisions
Decisions matching the current search
Lorna McLean against Elderbridge Ltd (Court of Session) [2026] SCOH 4 (27 January 2026)
The court held that damages claims based on the original lender’s alleged secret commission did not transmit to the assignee, and excluded the pursuer’s third plea.
THE SCOTTISH MINISTERS AGAINST SCOTLAND GAS NETWORKS PLC [2023] ScotCS CSOH_77 (07 November 2023)
The Court of Session allowed a proof before answer in a dispute over gas-works overpayments, finding arguable contract, prescription, and enrichment issues.
OMI FACILITIES LTD AGAINST BELHILL LTD [2021] ScotCS CSOH_46 (05 May 2021)
The Court of Session held that OMI Facilities could recover sums for hotel services, recharged supplies, staff wages and a loan from Bellhill, and rejected abuse of process and personal bar defences.
BELLHILL LTD AGAINST RAJINDER BAINS [2021] ScotCS CSOH_48 (05 May 2021)
The Court of Session mostly dismissed Bellhill Limited’s claim that Rajinder Bains misappropriated hotel funds, granting decree only for £310 in petty cash.
THE JOINT BANKRUPTCY TRUSTEES OF GREGORY KING AGAINST HUGH KING [2020] ScotCS CSOH_101 (16 December 2020)
The Court of Session allowed a proof before answer in a dispute over alleged constructive trust, gratuitous receipt, and prescription involving funds used to buy Spanish property.
Biffa Waste Services Ltd v Patersons of Greenoakhill Ltd [2015] ScotCS CSOH_137 (20 October 2015)
The Court of Session held that count, reckoning and payment was not confined to agency, and allowed proof on contract, unjust enrichment, and prescription issues.
McGraddie v McGraddie & Anor [2010] ScotCS CSOH_60 (07 May 2010)
The court ordered conveyance of two properties or, failing that, repayment of funds advanced, and awarded expenses to the pursuer on party/party basis.
Smith v. Barclay [2006] ScotSC 103 (29 August 2006)
The sheriff held that the pursuer’s payments were not a loan, but gave rise to unjust enrichment after the planned lifelong accommodation did not materialise.
Forbes v. Brands Development (Worldwide) Ltd & Anor [2004] ScotSC 48 (20 July 2004)
The sheriff dismissed a pursuer’s claim arising from a failed whisky joint venture, holding that recompense was not the right remedy and that he had not met the required criteria.
J Kelly & Sons Ltd v Meat & Livestock Commission For Judicial Review [2001] ScotCS 198 (7 August 2001)
The Court of Session held that an abattoir used solely for OTMS cattle was not a statutory slaughterhouse for levy purposes, but ordered further specification on delay and repayment.
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