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Scotland decisions
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The Sheriff Appeal Court refused an appeal against dismissal, holding that a duplicate family action was an unreasonable and abusive use of procedure.
Mohammed Ameen Mirza against The Lord Advocate and another (Court of Session) [2026] CSOH 31 (27 March 2026)
The Court of Session refused an interim order for return of cash seized under POCA, holding that any challenge to the seizure should be pursued by judicial review or in forfeiture proceedings.
Scott McSeveney against Aviva Insurance Ltd (Court of Session) [2026] CSOH 18 (05 March 2026)
The Court of Session refused, for now, a motion to dismiss a personal injury action for alleged fundamental dishonesty, allowing a possible renewed motion later.
Gordon Dunn against Menzies Distribution LTD (Sheriff Court Civil) [2026] SCEDIN 22 (27 November 2025)
The court granted the defender’s motion after the pursuer abandoned the action and was found to have made fraudulent representations, disapplying QOCS and recalling anonymity.
Reclaiming Motion in the cause Laura McCluskey against Scott Wilson Scotland Ltd (Court of Session) [2024] CSIH 26 (28 August 2024)
The Inner House upheld a res judicata plea in a Watling Street contamination claim, holding that the lead action had already determined the generic duty and breach issues.
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.
THORNTONS INVESTMENT HOLDINGS LTD AND OTHERS AGAINST RORY MATHESON AND OTHERS [2023] ScotCS CSOH_63 (21 September 2023)
Court of Session case on misuse of section 1 recovery material, retrospective permission, and contempt risks after dawn raids.
THE RT HON DOROTHY BAIN, KC, HIS MAJESTY'S ADVOCATE FOR AN ORDER UNDER SECTION 100 OF THE COURTS REFORM (SCOTLAND) ACT 2014 IN RESPECT OF FORBES BRUCE SIME [2023] ScotCS CSIH_23 (08 June 2023)
The Inner House granted a vexatious litigant order against Forbes Bruce Sime after finding he had repeatedly raised meritless, re-litigated proceedings.
RECLAIMING MOTION BY N AGAINST ASTORA WOMAN'S HEALTH LLC [2022] ScotCS CSIH_6 (23 February 2022)
The Inner House refused a reclaiming motion seeking an order that the defender disclose assets or insurance cover to meet possible mesh-liability decrees.
DAVID GRIER AGAINST CHIEF CONSTABLE, POLICE SCOTLAND and DAVID GRIER AGAINST THE LORD ADVOCATE [2022] ScotCS CSOH_2 (11 January 2022)
The Court of Session held that David Grier’s malicious prosecution claims against the Chief Constable and the Lord Advocate failed, and granted absolvitor.
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