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Civil procedure [2019] ScotCS CSIH_26

MARTIN, APPEAL FROM THE SCOTTISH LAND COURT BY KEVIN MARTIN AGAINST MERCEDES McMILLAN

MARTIN, APPEAL FROM THE SCOTTISH LAND COURT BY KEVIN MARTIN AGAINST MERCEDES McMILLAN [2019] ScotCS CSIH_26 (08 April 2019)

The Court of Session ordered Kevin Martin to find caution for expenses in an appeal from the Scottish Land Court, holding the appeal was unstateable.

  • Caution for expenses
  • Security for costs
  • Tenancy disputes
  • Limited duration tenancies
  • Impecuniosity and access to justice
  • Caution-for-expenses
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Bankruptcy [2013] ScotCS CSIH_112

Duff, Re Bankruptcy (Scotland) Act 1913

Duff, Re Bankruptcy (Scotland) Act 1913 [2013] ScotCS CSIH_112 (18 December 2013)

The Inner House ordered James Duff to find £10,000 caution for expenses before his reclaiming motion could proceed, citing litigation history and weak appeal grounds.

  • Caution for expenses
  • Vexatious litigant
  • Impecuniosity
  • Discretion of court in ordering caution
  • Caution-for-expenses
  • Vexatious-litigant
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Civil procedure [2010] ScotCS CSOH_137

McGregor v Alpha Airports Group Plc

McGregor v Alpha Airports Group Plc [2010] ScotCS CSOH_137 (06 October 2010)

The court granted defenders’ motion for caution, holding that the impecunious pursuer’s case lacked merit on the pleadings and could not proceed as framed.

  • Caution for expenses
  • Impecuniosity
  • Merit of claim
  • Manual handling regulations
  • Negligence
  • Caution-for-expenses
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Civil procedure [2010] ScotCS CSIH_41

Battenberg & Ors v Firm of Dunfallandy House & Ors

Battenberg & Ors v Firm of Dunfallandy House & Ors [2010] ScotCS CSIH_41 (14 May 2010)

The Inner House recalled a decree of absolvitor against the second pursuer, holding it had its own discretion and that the reclaimer’s non-appearance was excusable.

  • Recall of decree by default
  • Caution for expenses
  • Executor representation
  • Interim interdict
  • Procedural default
  • Recall-of-decree-by-default
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Civil procedure [2010] ScotCS CSOH_51

McGregor v Alpha Airports Group Plc

McGregor v Alpha Airports Group Plc [2010] ScotCS CSOH_51 (08 April 2010)

The court refused to award expenses for a discharged proof but ordered the pursuer to lodge £1,000 caution for expenses before further procedure.

  • Manual handling operations regulations 1992
  • Expenses (costs)
  • Caution for expenses
  • Limitation of actions
  • Access to justice
  • Caution-for-expenses
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Civil procedure [2008] ScotCS CSOH_153

FM Finnieston Ltd v Ross

FM Finnieston Ltd v Ross [2008] ScotCS CSOH_153 (05 November 2008)

The court held it could order consigned funds to be placed in an account agreed by the parties earning a higher rate of interest than the standard special deposit account.

  • Caution for expenses
  • Consignation
  • Interest on consigned funds
  • Civil-procedure
  • Caution-for-expenses
  • Interest-on-funds-paid-into-court
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Civil procedure [2006] ScotCS CSOH_90

McLetchie v Lombard North Central Plc

McLetchie v Lombard North Central Plc [2006] ScotCS CSOH_90 (09 June 2006)

The Outer House granted absolvitor after the pursuer failed to consign ordered caution for expenses and sought to challenge a sheriff court decree.

  • Reduction of decree
  • Caution for expenses
  • Summary decree
  • Personal liability vs trust liability
  • Sequestration
  • Civil-procedure
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Civil procedure [2005] ScotSC 25

Cromarty Conservation Ltd v. Revack Lodge Estate Ltd

Cromarty Conservation Ltd v. Revack Lodge Estate Ltd [2005] ScotSC 25 (16 May 2005)

Appeal refused against an order requiring a company pursuer to find £60,000 caution for expenses under section 726(2) of the Companies Act 1985.

  • Caution for expenses
  • Section 726(2) companies act 1985
  • Building contract dispute
  • Counterclaim procedure
  • Court discretion in ordering caution
  • Caution-for-expenses
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Civil procedure [2004] ScotCS 254

Mahechani v. Scottish Ambulance Service

Mahechani v. Scottish Ambulance Service [2004] ScotCS 254 (25 November 2004)

The Court of Session refused an appeal against dismissal for failure to find caution, upholding the sheriff principal’s discretion and rejecting a fair-hearing challenge.

  • Caution for expenses
  • Racial discrimination
  • Human rights
  • Appeal dismissal
  • Caution-for-expenses
  • Appeal-dismissal
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Civil procedure [2004] ScotCS 235

Cairns v. The Chief Constable Strathclyde Police

Cairns v. The Chief Constable Strathclyde Police [2004] ScotCS 235 (22 October 2004)

The court held that an undischarged bankrupt appellant should find caution because the pleadings were hopelessly irrelevant, but reduced the amount to £5,000.

  • Caution for expenses
  • Bankruptcy and litigation
  • Access to justice
  • Caution-for-expenses
  • Bankruptcy-and-litigation
  • Access-to-justice
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.