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Scotland Case Law

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Contract law [2015] ScotSC 4

MONTAGUE EVANS LLP V LUIGI ROMANO

MONTAGUE EVANS LLP V LUIGI ROMANO [2015] ScotSC 4 (13 January 2015)

The sheriff principal refused the pursuers’ appeal, holding the sheriff’s findings were sound and that the contract did not entitle the pursuers to payment on these facts.

  • Contract formation
  • Contract construction
  • Quantum meruit
  • Contingency fee agreements
  • Appeal standards
  • Contract-construction
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Personal injury [2011] ScotSC 177

KENNETH SMITH v. DIRECT LINE INSURANCE PLC

KENNETH SMITH v. DIRECT LINE INSURANCE PLC [2011] ScotSC 177 (14 November 2011)

Appeal refused in a whiplash solatium case; the Sheriff Principal held the ÂŁ2,000 award fell within a reasonable bracket and was not plainly wrong.

  • Assessment of damages
  • Judicial discretion
  • Road traffic accident
  • Solatium
  • Appeal standards
  • Personal-injury
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Family law [2010] ScotSC 154

L.A.B. & S.P. v. THE AUTHORITY REPORTER

L.A.B. & S.P. v. THE AUTHORITY REPORTER [2010] ScotSC 154 (09 September 2010)

Appeal against a Children's Hearing decision was refused. The sheriff principal held the necessity test was correctly applied to residence and contact, and remitted J's contact issue for reconsideration.

  • Children's hearings
  • Supervision requirements
  • Child protection orders
  • Necessity test
  • Contact arrangements
  • Appeal standards
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Defamation [2000] ScotCS 266

Baigent & Anor v BBC & Ors

Baigent & Anor v BBC & Ors [2000] ScotCS 266 (25 October 2000)

The Inner House refused a reclaiming motion against defamation damages found against the BBC and two former employees, holding the awards were not excessive.

  • Damages assessment
  • Defamation—quantum
  • Reputation
  • Aggravated damages
  • Appeal standards
  • Defamation
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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.