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Scotland Case Law

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Private-international-law [2026] SCEDIN 10

Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court)

Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court) [2026] SCEDIN 10 (16 January 2026)

A Scottish sheriff determined that Kenyan law governs seven work-injury claims and held that WIBA, not common law, would likely apply to claims filed during the relevant transitional period.

  • Choice-of-law
  • Work-injury-compensation
  • Statutory-interpretation
  • Legitimate-expectation
  • Jurisdiction
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Civil-procedure [2024] CSOH 86

MEX Group Worldwide LTD against Stewart Owen Ford & Others (Court of Session)

MEX Group Worldwide LTD against Stewart Owen Ford & Others (Court of Session) [2024] CSOH 86 (12 September 2024)

The court upheld jurisdiction over non-Scottish defenders in an alleged conspiracy claim, rejected forum non conveniens, and enforced a prorogation clause for Deed-based disputes.

  • Jurisdiction
  • Forum-non-conveniens
  • Prorogation-agreements
  • Unlawful-means-conspiracy
  • Choice-of-law
  • Prorogation-clause
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Private-international-law [2018] ScotCS CSOH_25

DOCHERTY AND OTHERS AGAINST THE SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS

DOCHERTY AND OTHERS AGAINST THE SECRETARY OF STATE FOR BUSINESS, INNOVATION AND SKILLS [2018] ScotCS CSOH_25 (21 March 2018)

The Court of Session held that English law governed asbestos-related claims because the actionable injury occurred in England, and Rome II did not apply.

  • Applicable-law-in-cross-border-torts
  • Asbestos-related-personal-injury
  • Damages-for-relatives
  • Rome-ii-regulation
  • Common-law-choice-of-law-rules
  • Choice-of-law
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Private-international-law [2017] ScotCS CSOH_54

Docherty & Ors v Secretary of State for Business, Innovation and Skills & Anor

Docherty & Ors v Secretary of State for Business, Innovation and Skills & Anor [2017] ScotCS CSOH_54 (29 March 2017)

Court of Session refused amendment to add a new English-law claim after expiry of limitation, and dismissed the case against the second defenders.

  • Amendment-of-pleadings
  • Limitation-of-actions
  • Choice-of-law
  • Fatal-accidents
  • Damages-for-asbestos-exposure
  • Personal-injury
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Civil-procedure [2014] ScotCS CSIH_18

Ted Jacobs Engineering Group Inc v Johnston-Marshall and Partners & Ors

Ted Jacobs Engineering Group Inc v Johnston-Marshall and Partners & Ors [2014] ScotCS CSIH_18 (06 February 2014)

Court of Session held that Ted Jacobs Engineering Group Inc showed a prima facie case for recovery of documents under section 1 of the 1972 Act.

  • Recovery-of-documents
  • Interim-remedies
  • Choice-of-law
  • Arbitration-and-court-jurisdiction
  • Fiduciary-duties
  • Fraud
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Insurance-law [2006] ScotCS CSOH_74

Cuthbertson v. Friends Provident Life Office

Cuthbertson v. Friends Provident Life Office [2006] ScotCS CSOH_74 (10 May 2006)

Insurance dispute over non-disclosure in life and income protection policies. The court held the defenders had not proved material non-disclosure.

  • Non-disclosure-in-insurance-contracts
  • Materiality-of-facts
  • Breach-of-warranty
  • Basis-of-contract-clauses
  • Choice-of-law
  • Consumer-protection-in-insurance
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Family-law [2005] ScotCS CSOH_96

Kaur v. Singh

Kaur v. Singh [2005] ScotCS CSOH_96 (22 July 2005)

The Court of Session granted declarator of nullity where a marriage in India was found void for duress, held that Scots law governed consent, and accepted jurisdiction.

  • Nullity-of-marriage
  • Duress
  • Jurisdiction
  • Choice-of-law
  • Consent
  • Family-law
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Private-international-law [2002] ScotCS 280

Bitwise v. CPS Broadcast Products BV

Bitwise v. CPS Broadcast Products BV [2002] ScotCS 280 (23 October 2002)

The court held it lacked jurisdiction over a damages claim under Article 5(1) of the Brussels Convention, but allowed the payment claim to proceed to proof.

  • Jurisdiction-under-brussels-convention
  • Implied-contractual-terms
  • Damages-for-breach-of-contract
  • Payment-obligations
  • Choice-of-law
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Contract-law [2001] ScotCS 215

Tullis Russell & Co Ltd v Eadie Industries Ltd

Tullis Russell & Co Ltd v Eadie Industries Ltd [2001] ScotCS 215 (31 August 2001)

Commercial contract dispute over paper mill equipment. The court held the contract was concluded on the pursuers’ written purchase order and their terms, not the defenders’ conditions.

  • Formation-of-contract
  • Battle-of-the-forms
  • Choice-of-law
  • Terms-and-conditions
  • Offer-and-acceptance
  • Commercial-contracts
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Private-international-law [2001] ScotCS 56

Caledonia Subsea Ltd v Micoperi SRL

Caledonia Subsea Ltd v Micoperi SRL [2001] ScotCS 56 (9 March 2001)

The Court of Session held that Scots law governed a diving-services contract and repelled a title-to-sue plea, finding the contract was not more closely connected with Egypt.

  • Applicable-law-in-international-contracts
  • Rome-convention-article-4
  • Conflict-of-laws
  • Title-to-sue
  • Private-international-law
  • Contract-law
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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.