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Scotland Case Law

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Commercial law [2024] ScotCS CSOH_28

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP & OTHERS

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP & OTHERS [2024] ScotCS CSOH_28 (08 March 2024)

A Scottish commercial action over a private equity transaction was dismissed after the court found no proved unlawful conspiracy, fraud, or dishonest assistance.

  • Unlawful means conspiracy
  • Fraud
  • Accessory liability
  • Dishonest assistance
  • Breach of fiduciary duty
  • Conflict of interest
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Company law [2023] ScotCS CSOH_87

JAMES ADRIAN WATSON AGAINST GRAHAM EDWARD FLETCHER AND OTHERS

JAMES ADRIAN WATSON AGAINST GRAHAM EDWARD FLETCHER AND OTHERS [2023] ScotCS CSOH_87 (06 December 2023)

The Outer House held that the pursuer’s pleadings were relevant and allowed the case to proceed to proof before answer on breach of fiduciary duty and dishonest assistance.

  • Breach of fiduciary duty
  • Dishonest assistance
  • Director duties
  • Accessory liability
  • Causation in delict
  • Remedies for breach of duty
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Professional negligence [2014] ScotCS CSIH_79

FRANK HOULGATE INVESTMENT COMPANY Ltd AGAINST BIGGART BAILLIE LLP

FRANK HOULGATE INVESTMENT COMPANY Ltd AGAINST BIGGART BAILLIE LLP [2014] ScotCS CSIH_79 (25 September 2014)

A Scottish solicitor who learned his client was fraudulently using a false security was held liable when he stayed silent and further losses followed.

  • Accessory liability
  • Implied representation
  • Duty of honesty
  • Solicitor's obligations
  • Fraudulent misrepresentation
  • Accessory-liability
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Civil liability [2013] ScotCS CSOH_80

Frank Houlgate Investment Company Ltd v Biggart Baillie Llp

Frank Houlgate Investment Company Ltd v Biggart Baillie Llp [2013] ScotCS CSOH_80 (28 May 2013)

The court held that a solicitor who learned of a client’s fraud in an ongoing transaction and failed to withdraw or warn the victim could be liable as an accessory to fraud.

  • Accessory liability
  • Solicitor's duties
  • Client confidentiality
  • Fraudulent misrepresentation
  • Reparation
  • Accessory-liability
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Civil law [1913] ScotLR 104

Cairns and Others v. Harry Walker Ltd and Another

Cairns and Others v. Harry Walker Ltd and Another [1913] ScotLR 104 (19 November 1913)

Shipowners recovered damages against sellers who knowingly supplied goods for a smuggling scheme, making them accessory to the wrongful use of the vessel.

  • Accessory liability
  • Wrongful use of property
  • Smuggling
  • Sale of goods
  • Conspiracy to defraud
  • Damages
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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.