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Scotland Case Law

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Banking law [2026] SCEDIN 9

Bibby Factors LTD v Bank of Scotland Plc (Sheriff Court Civil)

Bibby Factors LTD v Bank of Scotland Plc (Sheriff Court Civil) [2026] SCEDIN 9 (12 January 2026)

The sheriff held that a bank may owe duties where it has notice funds in a customer account are subject to a trust, and allowed proof on the pursuer’s case.

  • Fiduciary duties of banks
  • Notice of trust
  • Factoring agreements
  • Knowing receipt
  • Dishonest assistance
  • Mandate and payment instructions
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Trusts and estates [2025] SCHAM 47

A against B (Sheriff Court Civil)

A against B (Sheriff Court Civil) [2025] SCHAM 47 (09 May 2025)

The sheriff held that the defender dishonestly assisted her husband’s breach of trust and knowingly received misappropriated funds, granting decree for payment.

  • Dishonest assistance
  • Knowing receipt
  • Breach of fiduciary duty
  • Director's duties
  • Misappropriation of trust assets
  • Reparation
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Commercial law [2024] ScotCS CSOH_28

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP & OTHERS

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP & OTHERS [2024] ScotCS CSOH_28 (08 March 2024)

A Scottish commercial action over a private equity transaction was dismissed after the court found no proved unlawful conspiracy, fraud, or dishonest assistance.

  • Unlawful means conspiracy
  • Fraud
  • Accessory liability
  • Dishonest assistance
  • Breach of fiduciary duty
  • Conflict of interest
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Company law [2023] ScotCS CSOH_87

JAMES ADRIAN WATSON AGAINST GRAHAM EDWARD FLETCHER AND OTHERS

JAMES ADRIAN WATSON AGAINST GRAHAM EDWARD FLETCHER AND OTHERS [2023] ScotCS CSOH_87 (06 December 2023)

The Outer House held that the pursuer’s pleadings were relevant and allowed the case to proceed to proof before answer on breach of fiduciary duty and dishonest assistance.

  • Breach of fiduciary duty
  • Dishonest assistance
  • Director duties
  • Accessory liability
  • Causation in delict
  • Remedies for breach of duty
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Commercial law [2017] ScotCS CSIH_19

Heather Capital Ltd & Anor v Levy & McRae & Ors

Heather Capital Ltd & Anor v Levy & McRae & Ors [2017] ScotCS CSIH_19 (28 February 2017)

The Inner House held that prescription issues in Heather Capital’s claims against solicitors could not be decided on the pleadings alone and ordered proof before answer.

  • Prescription
  • Extinction of obligations
  • Breach of trust
  • Breach of contract
  • Negligence
  • Fiduciary duty
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Partnership law [2015] ScotCS CSOH_115

Heather Capital Ltd v Levy and McRae & Ors

Heather Capital Ltd v Levy and McRae & Ors [2015] ScotCS CSOH_115 (25 August 2015)

The court held the liquidator had not pled enough to convene later-admitted partners as liable for earlier debts, and refused amendment, insurance disclosure, and a witness statement request.

  • Liability of new partners
  • Fiduciary duties
  • Dishonest assistance
  • Pleading requirements
  • Insurance disclosure
  • Amendment of pleadings
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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.