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Scotland decisions
Decisions matching the current search
HUGH HALL CAMPBELL KC AGAINST JAMES FINLAY (KENYA) LTD [2023] ScotCS CSOH_45 (11 July 2023)
The Court of Session held that Kenyan law governed the claims, but only some claims were shown to fall within WIBA. Jurisdiction was not excluded, though Kenya was forum non conveniens.
HOOLEY, PET: HOOLEY LTD AGAINST GANGES JUTE PRIVATE LTD [2019] ScotCS CSIH_40 (19 July 2019)
The Inner House held that petition procedure was competent for declarators about Scots-law effectiveness of cross-border insolvency sales for use in Indian proceedings.
KERR v MANGAN & Ors [2014] ScotCS CSIH_69 (25 July 2014)
The Inner House held that section 29 of the Family Law (Scotland) Act 2006 does not include Irish heritable property in a deceased cohabitant’s net intestate estate.
Wilmington Trust Company & Anor v Rolls-Royce Plc & Anor [2011] ScotCS CSOH_151 (09 September 2011)
The court held that the defenders’ lien defence was relevant enough for proof before answer, but excluded foreign-law, uncertainty, and A1P1 averments as irrelevant.
MRA v NRK [2011] ScotCS CSOH_101 (17 June 2011)
The Court of Session dismissed an undefended petition to nullify a telephone marriage, holding the marriage was celebrated wholly in Pakistan and Scottish nullity was inappropriate.
Caledonia Subsea Ltd v. Micoperi SRL [2002] ScotCS 345 (12 July 2002)
The Inner House held that Scots law governed a diving-services contract and refused the reclaiming motion, finding Article 4(2) of the Rome Convention was not displaced.
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.
Davenport v Corinthian Motor Policies [1991] ScotCS CSIH_3 (24 May 1991)
The court held that a statutory claim against an insurer under section 151 of the Road Traffic Act 1988 is not a delict matter, so Glasgow Sheriff Court lacked jurisdiction.
Bonnor v Balfour Kilpatrick [1974] ScotCS CSIH_1 (09 June 1974)
The court held that a pursuer in reparation was not required to plead that Omani law allowed the claim where foreign law had not been put in issue; amendment was also refused.
Brodin v Seljan [1973] ScotCS CSOH_3 (16 May 1973)
The court held that section 1(3) of the 1948 Act could apply in Scotland despite a Norwegian employment contract, so the exclusion clause was unenforceable.
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