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Scotland Case Law

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Contract law [2025] SCGLA 36

Brian McCardle against Gerald George Grady (Sheriff Court Civil)

Brian McCardle against Gerald George Grady (Sheriff Court Civil) [2025] SCGLA 36 (01 April 2025)

The sheriff awarded the pursuer £17,575 for communal rot works, additional electrical work, retention of a third-party payment, and a home report.

  • Quantum meruit
  • Prescription and limitation
  • Consumer rights act 2015
  • Pactum illicitum
  • Unjust enrichment
  • Contract formation
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Contract law [2024] SCPER 48

Priority Construction UK LTD against Advanced Material Processing LTD (Sheriff Court Civil)

Priority Construction UK LTD against Advanced Material Processing LTD (Sheriff Court Civil) [2024] SCPER 48 (20 November 2024)

The sheriff held that the construction subcontract price was agreed by volume, not weight, and ordered repayment of sums retained after a disputed winding up petition.

  • Construction contracts
  • Measurement disputes
  • Unjust enrichment
  • Winding up petitions
  • Remedies for overpayment
  • Construction-contracts
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Company law [2024] CSIH 18

DMWSHNZ LTD and others against Bank of Scotland Plc (Court of Session)

DMWSHNZ LTD and others against Bank of Scotland Plc (Court of Session) [2024] CSIH 18 (26 July 2024)

The Inner House held that pleadings alleging shadow directorship and unjustified enrichment against Bank of Scotland were relevant for proof and refused the reclaiming motion.

  • Shadow directorship
  • Fiduciary duties
  • Unjustified enrichment
  • Corporate governance
  • Tax avoidance schemes
  • Shadow-directorship
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Contract law [2022] ScotCS CSOH_60

CSG COMMERCIAL LTD AGAINST AJ CAPITAL PARTNERS LLC

CSG COMMERCIAL LTD AGAINST AJ CAPITAL PARTNERS LLC [2022] ScotCS CSOH_60 (30 August 2022)

The court held it had no jurisdiction over the pursuer’s recompense claim and found the pleadings on joint venture, delict, and recompense irrelevant or lacking specification.

  • Introduction fee agreements
  • Joint venture agreements
  • Breach of contract
  • Negligent misrepresentation
  • Recompense
  • Jurisdiction under civil jurisdiction and judgments (scotland) act 1982
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Contract law [2021] ScotCS CSOH_82

WILLIAM LINDSAY AGAINST OUTLOOK FINANCE LTD

WILLIAM LINDSAY AGAINST OUTLOOK FINANCE LTD [2021] ScotCS CSOH_82 (12 August 2021)

Outer House judgment on facility, circumvention and lesion, misrepresentation, and unjustified enrichment arising from Outlook Finance dealings with the Lindsay family.

  • Facility, circumvention and lesion
  • Fraudulent misrepresentation
  • Reduction of deeds
  • Personal indemnities
  • Unjustified enrichment
  • Facility-circumvention-and-lesion
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Contract law [2015] ScotCS CSOH_104

THE CETNRE FOR MARITIME AND INDUSTRIAL SAFETY TECHNOLOGY Ltd AGAINST INEOS MANUFACTURING SCOTLAND Ltd

THE CETNRE FOR MARITIME AND INDUSTRIAL SAFETY TECHNOLOGY Ltd AGAINST INEOS MANUFACTURING SCOTLAND Ltd [2015] ScotCS CSOH_104 (05 August 2015)

Court of Session decision on a training contract dispute, addressing disputed payments, early termination, and an unjust enrichment counterclaim.

  • Contract interpretation
  • Termination of contract
  • Rectification
  • Quantum meruit
  • Prescription
  • Restitution
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Contract law [2015] ScotCS CSOH_10A

Stork Technical Services (RBG) Ltd v Ross

Stork Technical Services (RBG) Ltd v Ross [2015] ScotCS CSOH_10A (3 February 2015)

The Court of Session held that the adjudication contract was with Knights Solicitors LLP, not Mr Ross personally, and granted absolvitor for the defender.

  • Adjudicator's liability
  • Restitution
  • Contractual parties
  • Failure of purpose
  • Mutuality of contract
  • Adjudication
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Property law [2014] ScotCS CSOH_61

McVicar v GD & Ors

McVicar v GD & Ors [2014] ScotCS CSOH_61 (02 April 2014)

At procedure roll, the Court of Session allowed a proof before answer on Nationwide’s counterclaim for recompense after a fraudulent property transfer.

  • Land registration
  • Reduction of disposition
  • Rectification of land register
  • Standard security
  • Unjust enrichment
  • Fraudulent disposition
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Insolvency [2010] ScotCS CSOH_29

Stak Realty Group Co Ltd v McKenna

Stak Realty Group Co Ltd v McKenna [2010] ScotCS CSOH_29 (11 March 2010)

The Court of Session held that payments to Mrs McKenna were largely unjustified, granting decree for £660,000 plus interest, with £150,000 allowed as repayment of advances.

  • Unjust enrichment
  • Director's duties
  • Transactions at undervalue
  • Section 242 insolvency act 1986
  • Burden of proof in insolvency proceedings
  • Unjust-enrichment
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Civil procedure [2010] ScotSC 56

ROWAN TIMBER SUPPLIED (SCOTLAND) LIMITED v. SCOTTISH WATER BUSINESS STREAM LIMITED

ROWAN TIMBER SUPPLIED (SCOTLAND) LIMITED v. SCOTTISH WATER BUSINESS STREAM LIMITED [2010] ScotSC 56 (26 February 2010)

Appeal allowed in a Scottish prescription dispute over wrongly issued water and sewerage invoices. The court held section 6(4) could apply to induced ignorance of a claim.

  • Prescription and limitation
  • Restitution
  • Error induced by debtor
  • Unjustified enrichment
  • Interpretation of section 6(4) prescription and limitation (scotland) act 1973
  • Prescription-and-limitation
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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.