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Scotland Case Law

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Constitutional law [2022] ScotCS CSOH_89

PETITION OF GREENE KING LTD AND OTHERS FOR JUDICIAL REVIEW OF THE TIED PUBS (SCOTLAND) ACT 2021

PETITION OF GREENE KING LTD AND OTHERS FOR JUDICIAL REVIEW OF THE TIED PUBS (SCOTLAND) ACT 2021 [2022] ScotCS CSOH_89 (09 December 2022)

The Court of Session rejected a judicial review challenge to the Tied Pubs (Scotland) Act 2021, holding it was within devolved competence and not presently shown incompatible with A1P1.

  • Legislative competence
  • Devolution
  • Competition law
  • Property rights
  • Contractual fairness
  • Judicial review
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Intellectual property [2019] ScotCS CSOH_86

THE UNIVERSITY COURT OF THE UNIVERSITY OF ST ANDREWS AGAINST STUDENT GOWNS LTD

THE UNIVERSITY COURT OF THE UNIVERSITY OF ST ANDREWS AGAINST STUDENT GOWNS LTD [2019] ScotCS CSOH_86 (08 November 2019)

The Court of Session held that it had jurisdiction over trade mark infringement and passing off claims against an English gown seller, and refused to stay the case for forum non conveniens.

  • Trade mark infringement
  • Passing off
  • Jurisdiction
  • Forum non conveniens
  • Online advertising
  • Competition law
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Contract law [2016] ScotSC 69

STANLEY WOOD AGAINST MUSSELBURGH JOINT RACING COMMITTEE

STANLEY WOOD AGAINST MUSSELBURGH JOINT RACING COMMITTEE [2016] ScotSC 69 (24 October 2016)

The sheriff held that bookmakers’ pitch allocation at Musselburgh Racecourse complied with the licence, dismissing Stanley Wood’s claim and reserving expenses.

  • Allocation of bookmaker pitches
  • Interpretation of licence terms
  • Discretion in contractual performance
  • Custom and practice
  • Competition law
  • Contract-law
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Public law [1914] ScotLR 329

D. & J. Nicol v. Dundee Harbour Trustees

D. & J. Nicol v. Dundee Harbour Trustees [1914] ScotLR 329 (20 February 1914)

The Court of Session held that Dundee Harbour Trustees had no implied power to run ferry steamers on excursion traffic beyond ferry limits, and that the complainers had title to seek interdict.

  • Ultra vires acts
  • Statutory interpretation
  • Title to sue
  • Public trusts
  • Competition law
  • Ratepayer standing
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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.