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Scotland Case Law

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Contract law [2026] SACCIV 27

Santander Consumer (UK) Plc against Renata Dikmone (Sheriff Appeal Court Civil)

Santander Consumer (UK) Plc against Renata Dikmone (Sheriff Appeal Court Civil) [2026] SACCIV 27 (23 April 2026)

The Sheriff Appeal Court recalled the sheriff’s interlocutor, rejected the respondents’ cross-appeal, and held no further sums or interest were due after full recovery.

  • Consumer rights act 2015
  • Right to reject goods
  • Agency
  • Declarator
  • Expenses
  • Counterclaim
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Property law [2026] SCCAMP 27

Donald Michie against Scott Hastie (Sheriff Court Civil)

Donald Michie against Scott Hastie (Sheriff Court Civil) [2026] SCCAMP 27 (19 November 2025)

Sheriff Cameron held that a pedestrian servitude by prescription existed, but no vehicular servitude did. The defender was interdicted from vehicular access and ordered to pay reinstatement damages.

  • Servitude rights
  • Prescription
  • Trespass
  • Damages
  • Interdict
  • Counterclaim
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Civil procedure [2025] SACCIV 35

Colin Gillan v Mark Sinclair (Sheriff Appeal Court Civil)

Colin Gillan v Mark Sinclair (Sheriff Appeal Court Civil) [2025] SACCIV 35 (16 October 2025)

The Sheriff Appeal Court dismissed an appeal on expenses as incompetent, holding that Chapter 27A could not operate without a lodged account and completed taxation.

  • Expenses
  • Counterclaim
  • Ordinary cause rules
  • Statutory interpretation
  • Civil-procedure
  • Ordinary-cause-rules
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Contract law [2025] SCKDY 69

Pico Business Solutions Ltd against Aligra Personnel LTD (Sheriff Court Civil)

Pico Business Solutions Ltd against Aligra Personnel LTD (Sheriff Court Civil) [2025] SCKDY 69 (21 February 2025)

A sheriff held that a recruitment-services contract was ambiguous on the supplier’s duties, found the pleadings insufficiently specific, and refused decree de plano and dismissal.

  • Contractual interpretation
  • Specification of pleadings
  • Mutuality of obligations
  • Right to payment
  • Counterclaim for restitution
  • Contractual-interpretation
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Contract law [2024] ScotCS CSOH_33

KEVIN JONES AND SUSAN JONES AGAINST CRAIGTON HOLDINGS LTD

KEVIN JONES AND SUSAN JONES AGAINST CRAIGTON HOLDINGS LTD [2024] ScotCS CSOH_33 (21 March 2024)

A commercial case on a share purchase agreement: late warranty defences were refused, summary decree was granted for part of the price, and a counterclaim was allowed.

  • Share purchase agreement
  • Warranties
  • Retention
  • Counterclaim
  • Summary decree
  • Share-purchase-agreement
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Contract law [2022] ScotCS CSOH_76

GOLDEN LANE SECURITIES LTD AND ANOTHER AGAINST RODERICK SCARBOROUGH

GOLDEN LANE SECURITIES LTD AND ANOTHER AGAINST RODERICK SCARBOROUGH [2022] ScotCS CSOH_76 (07 October 2022)

The Court of Session held that an oral 2015 grazing agreement required payment of 50% of BPS subsidies (excluding LFASS) and return of entitlements on leaving.

  • Oral agreements
  • Grazing rights
  • Subsidy entitlements
  • Damages
  • Counterclaim
  • Oral-contracts
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Property law [2025] SCELG 96

Robin Alexander Lovie Falconer against Garry Neil George and another (Sheriff Court Civil)

Robin Alexander Lovie Falconer against Garry Neil George and another (Sheriff Court Civil) [2025] SCELG 96 (07 January 2022)

The sheriff granted ejection against occupiers of a plot at Sweethillock, holding the pursuer had prima facie title and the defenders had no right to remain.

  • Ejection
  • Heritable property
  • Title to land
  • Possession
  • Counterclaim
  • Summary cause procedure
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Civil procedure [2019] ScotCS CSOH_16

OUR GENERATION LIMITED AGAINST ABERDEEN CITY COUNCIL

OUR GENERATION LIMITED AGAINST ABERDEEN CITY COUNCIL [2019] ScotCS CSOH_16 (19 February 2019)

The Court of Session held that leave to reclaim was unnecessary after dismissal of the pursuer’s action, because the subsisting counterclaim was a separate question.

  • Leave to reclaim
  • Counterclaim
  • Finality of judgment
  • Court of session rules
  • Leave-to-reclaim
  • Finality-of-judgment
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Insurance law [2018] ScotCS CSIH_19

ECCLESIASTICAL INSURANCE OFFICE PLC AGAINST LADY IAM HAZEL VIRGINIA WHITEHOUSE-GRANT-CHRIST

ECCLESIASTICAL INSURANCE OFFICE PLC AGAINST LADY IAM HAZEL VIRGINIA WHITEHOUSE-GRANT-CHRIST [2018] ScotCS CSIH_19 (23 March 2018)

The Inner House granted dismissal of the abandoned principal action, managed expenses by hearing, and deferred further procedure in the continuing counterclaim.

  • Repudiation of insurance claim
  • Non-disclosure
  • Prescription and limitation
  • Counterclaim procedure
  • Expenses (costs)
  • Abandonment of action
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Insurance law [2015] ScotCS CSOH_23

ECCLESIASTICAL INSURANCE OFFICE PLC AGAINST LADY IAM HAZEL VIRGINIA WHITEHOUSE-GRANT-CHRIST

ECCLESIASTICAL INSURANCE OFFICE PLC AGAINST LADY IAM HAZEL VIRGINIA WHITEHOUSE-GRANT-CHRIST [2015] ScotCS CSOH_23 (19 February 2015)

The Court of Session held that the insurer’s obligation to indemnify had prescribed and granted declarator. The defender’s counterclaim for indemnity and defamation was dismissed.

  • Material non-disclosure
  • Prescription and limitation
  • Declarator to avoid insurance policy
  • Counterclaim for indemnity and defamation
  • Privilege in defamation
  • Abuse of process
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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.