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Scotland Case Law

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Contract law [2023] ScotCS CSOH_6

BRIGGS MARINE CONTRACTORS LTD AGAINST BAKKAFROST SCOTLAND LTD

BRIGGS MARINE CONTRACTORS LTD AGAINST BAKKAFROST SCOTLAND LTD [2023] ScotCS CSOH_6 (02 February 2023)

The Court of Session held that a dispute over an alleged oral agreement remained connected to the original contract and was subject to its arbitration clause.

  • Arbitration clauses
  • Jurisdiction
  • Contract frustration
  • Oral agreements
  • Variation of contract
  • Arbitration-clauses
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Contract law [2021] ScotCS CSOH_118

PETER MORTON AND OTHERS AGAINST BRITISH POLAR ENGINES LTD

PETER MORTON AND OTHERS AGAINST BRITISH POLAR ENGINES LTD [2021] ScotCS CSOH_118 (23 November 2021)

The Court of Session held that an arbitration clause in a pension trust deed did not cover a later schedule of contributions, and refused to sist the action.

  • Arbitration clauses
  • Interpretation of trust deeds
  • Statutory pension debts
  • Waiver and personal bar
  • Jurisdiction of courts vs arbitration
  • Arbitration-clauses
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Contract law [2021] ScotCS CSIH_58

RECLAIMING MOTION BY THE FRASERBURGH HARBOUR COMMISSIONERS AGAINST McLAUGHLIN & HARVEY LTD

RECLAIMING MOTION BY THE FRASERBURGH HARBOUR COMMISSIONERS AGAINST McLAUGHLIN & HARVEY LTD [2021] ScotCS CSIH_58 (06 October 2021)

The Inner House held that the action was not contractually barred and should be sisted pending the contract’s ADR and arbitration process.

  • Alternative dispute resolution
  • Arbitration clauses
  • Adjudication
  • Jurisdiction of courts
  • Prescription (limitation)
  • Sist of proceedings
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Contract law [2010] ScotCS CSIH_56

Scottish Coal Company Ltd v Danish Forestry Co Ltd

Scottish Coal Company Ltd v Danish Forestry Co Ltd [2010] ScotCS CSIH_56 (25 June 2010)

The Inner House held that clause 10.1 was too uncertain to enforce, so the parties had no concluded contract for the purchase absent a ranking agreement.

  • Certainty of contract
  • Agreements to agree
  • Enforceability of contractual terms
  • Ranking agreements
  • Standard securities
  • Arbitration clauses
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Commercial law [2006] ScotCS CSOH_182_2

Purewall & Ors v. Purewall

Purewall & Ors v. Purewall [2006] ScotCS CSOH_182_2 (05 December 2006)

The Court of Session held that a partner’s general written objection to dissolution accounts was enough under the partnership deed, and sisted the action for arbitration.

  • Partnership dissolution
  • Interpretation of partnership agreements
  • Objections to partnership accounts
  • Arbitration clauses
  • Partnership-dissolution
  • Partnership-agreements
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Landlord and tenant [2006] ScotCS CSIH_37

Collins And Sons Ltd v. CGU Insurance Plc

Collins And Sons Ltd v. CGU Insurance Plc [2006] ScotCS CSIH_37 (22 June 2006)

The Court of Session recalled an interim order allowing a landlord access for repairs, holding the tenants’ defence was arguable and the order would be effectively final.

  • Right of entry
  • Repairing obligations
  • Service charge
  • Interim orders
  • Arbitration clauses
  • Lease-repairs
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Property law [2006] ScotCS CSOH_87

William Collins & Sons Ltd v CGU Insurance Plc

William Collins & Sons Ltd v CGU Insurance Plc [2006] ScotCS CSOH_87 (02 June 2006)

The Court of Session granted interim orders allowing the pursuers access to leased premises for necessary repairs and awarded expenses, holding the lease terms supported access.

  • Interim orders
  • Right of access for repairs
  • Lease obligations
  • Balance of convenience
  • Arbitration clauses
  • Interim-orders
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Construction law [2000] ScotCS 133

Strathmore Building Services Ltd v Greig

Strathmore Building Services Ltd v Greig [2000] ScotCS 133 (25 May 2000)

The Court of Session refused a motion to sist a construction payment claim for arbitration, holding that no real dispute arose because withholding-notice requirements were not met.

  • Construction contracts
  • Arbitration clauses
  • Payment disputes
  • Statutory notice requirements
  • Construction-contracts
  • Arbitration-clauses
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Private international law [1999] ScotCS 2

Compagnie Commercial Andre SA v Artibell Shipping Company Ltd & Anor

Compagnie Commercial Andre SA v Artibell Shipping Company Ltd & Anor [1999] ScotCS 2 (7 January 1999)

Interlocutory decision in a charterparty dispute on jurisdiction, prorogation, and relevancy of restitution claims against a shipowner and bank.

  • Jurisdiction under civil jurisdiction and judgments act 1982
  • Prorogation of jurisdiction
  • Interpretation of charterparty clauses
  • Unjust enrichment
  • Constructive trust
  • Forum non conveniens
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Commercial law [1998] ScotCS 24

Wylie v Corrigan & Anor

Wylie v Corrigan & Anor [1998] ScotCS 24 (13 October 1998)

The Court of Session held that defenders had not waived arbitration rights in a partnership accounting dispute, so the appeal was refused.

  • Arbitration clauses
  • Waiver of arbitration
  • Count, reckoning and payment
  • Partnership accounting
  • Procedural timing of arbitration plea
  • Arbitration-clause
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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.