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Scotland Case Law

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Housing law [2024] ScotCS CSOH_56

SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD

SIMON PELOSI AND OTHERS AGAINST LANARKSHIRE HOUSING ASSOCIATION LTD [2024] ScotCS CSOH_56 (05 June 2024)

The Court of Session dismissed coordinated claims by tenants alleging contaminated land made their homes unfit and caused illness, finding no proved breach or causation.

  • Fitness for human habitation
  • Contaminated land
  • Personal injury
  • Statutory duties of landlords
  • Causation in tort
  • Fitness-for-human-habitation
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Tort [2020] ScotCS CSOH_47

ANGELA MCMANUS AND ANOTHER AGAINST SCOTT WILSON SCOTLAND LTD

ANGELA MCMANUS AND ANOTHER AGAINST SCOTT WILSON SCOTLAND LTD [2020] ScotCS CSOH_47 (19 May 2020)

The Court of Session held that the defender owed a duty of care and breached it in investigating and remediating contaminated land for housing development.

  • Duty of care
  • Breach of duty
  • Contaminated land
  • Remediation
  • Personal injury
  • Expert evidence
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Civil procedure [2015] ScotCS CSOH_65

Ramsden v Santon Highlands Ltd

Ramsden v Santon Highlands Ltd [2015] ScotCS CSOH_65 (02 June 2015)

The Court of Session dismissed a claim to reduce a prior decree, missives and settlement agreement, holding the grounds were competent and omitted and otherwise irrelevant.

  • Reduction of decree
  • Missives of sale
  • Consumer protection
  • Competent and omitted plea
  • Contaminated land
  • Unfair commercial practices
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Environmental law [2015] ScotCS CSOH_21

ESSO PETROLEUM COMPANY Ltd AGAINST THE SCOTTISH MINISTERS & Ors

ESSO PETROLEUM COMPANY Ltd AGAINST THE SCOTTISH MINISTERS & Ors [2015] ScotCS CSOH_21 (17 February 2015)

The Court of Session allowed a nuisance and fault case against the first defenders to proceed to proof, but dismissed the case against the second defender.

  • Nuisance
  • Contaminated land
  • Vicarious liability
  • Damages
  • Interdict
  • Specific implement
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Information law [2013] ScotIC 190_2013

Ms Barbara Ramsden and Highland Council

Ms Barbara Ramsden and Highland Council [2013] ScotIC 190_2013 (22 August 2013)

A Scottish Information Commissioner decision on whether Highland Council had to disclose information about contaminated land at Fort Augustus Abbey under FOISA.

  • Freedom of information
  • Contaminated land
  • Public authority obligations
  • Freedom-of-information
  • Contaminated-land
  • Public-authority-obligations
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Information law [2011] ScotIC 004_2011

Mr Tom Stitt and Clackmannanshire Council

Mr Tom Stitt and Clackmannanshire Council [2011] ScotIC 004_2011 (06 January 2011)

The Scottish Information Commissioner partly allowed Mr Tom Stitt’s appeal and ordered disclosure of information about contaminated land at Alva Gas Works, subject to any valid exemptions.

  • Freedom of information
  • Contaminated land
  • Public authority disclosure
  • Freedom-of-information
  • Environmental-information
  • Contaminated-land
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