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Scotland Case Law

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Property-law [2026] CSOH 40

HFD Glasgow 3 LTD against Student Loans Company LTD (Court of Session)

HFD Glasgow 3 LTD against Student Loans Company LTD (Court of Session) [2026] CSOH 40 (17 April 2026)

Court of Session case on dilapidations set a remit for an expert to assess repair defects, necessary works, and reasonable costs, and refused recovery of a video survey in hoc statu.

  • Dilapidations
  • Repairing-obligations
  • Expert-evidence
  • Remit-to-expert
  • Lease-interpretation
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Contract-law [2026] CSOH 22

BPL Contracts (Scotland) LTD against Beattie FRC LTD (Court of Session)

BPL Contracts (Scotland) LTD against Beattie FRC LTD (Court of Session) [2026] CSOH 22 (06 March 2026)

The court held that two oral subcontract terms provided for profit shares of 50% and 90% respectively, rejected overhead deductions, and dismissed the counterclaim.

  • Oral-contracts
  • Profit-sharing
  • Sub-contract-disputes
  • Unjust-enrichment
  • Quantum-assessment
  • Construction-contracts
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Civil-procedure [2025] SACCIV 32

Application for permission to Appeal to the Court of Session (Courts Reform (Scotland) Act 2014, section 113) by DS in the cause DS against NHS Grampian (Sheriff Appeal Court Civil)

Application for permission to Appeal to the Court of Session (Courts Reform (Scotland) Act 2014, section 113) by DS in the cause DS against NHS Grampian (Sheriff Appeal Court Civil) [2025] SACCIV 32 (23 September 2025)

The Sheriff Appeal Court refused permission to appeal to the Court of Session, finding no important point of principle or compelling reason and no reasonable prospect of success.

  • Expert-evidence
  • Permission-to-appeal
  • Negligence
  • Causation
  • Medical-negligence
  • Civil-procedure
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Property-law [2025] SCSTRAN 68

David Gary Adam and another against Sandra McKinnon and another (Sheriff Court Civil)

David Gary Adam and another against Sandra McKinnon and another (Sheriff Court Civil) [2025] SCSTRAN 68 (09 September 2025)

Sheriff Court boundary dispute over adjacent Scottish properties, where the court fixed several boundaries, ordered removal of encroachments, and rejected part of the defenders' expert basis.

  • Boundary-disputes
  • Heritable-property
  • Servitude-rights
  • Title-interpretation
  • Encroachment
  • Admissibility-of-expert-evidence
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Product-liability [2025] SCEDIN 40

Denise Parks against LG Electronics UK Ltd (National Personal Injury Court)

Denise Parks against LG Electronics UK Ltd (National Personal Injury Court) [2025] SCEDIN 40 (18 July 2025)

The sheriff held that a fire was caused by a defect in an LG K8 (2017) phone battery, finding the defender liable under the Consumer Protection Act 1987.

  • Defective-products
  • Statutory-duty
  • Causation
  • Damages
  • Expert-evidence
  • Product-liability
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Medical-negligence [2025] SACCIV 21

Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil)

Appeal in the cause DS against NHS Grampian (Sheriff Appeal Court Civil) [2025] SACCIV 21 (16 July 2025)

The Sheriff Appeal Court refused DS’s appeal but allowed NHS Grampian’s cross-appeal, holding the radiologist was not negligent and causation was not proved.

  • Duty-of-care
  • Standard-of-care
  • Expert-evidence
  • Causation
  • Burden-of-proof
  • Procedural-discretion
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Consumer-law [2025] SCDUM 006

David Adam against Moneybarn No.1 LTD (Sheriff Court Civil)

David Adam against Moneybarn No.1 LTD (Sheriff Court Civil) [2025] SCDUM 006 (07 February 2025)

Sheriff Court case on whether a used Citroen DS3 sold under a conditional sale agreement was of satisfactory quality under the Consumer Rights Act 2015.

  • Conditional-sale-agreement
  • Satisfactory-quality
  • Consumer-rights-act-2015
  • Right-to-reject-goods
  • Expert-evidence
  • Used-cars
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Delict [2024] CSOH 109

Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session)

Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session) [2024] CSOH 109 (13 December 2024)

The Court of Session held that a pursuer’s malicious-reporting claim against the chief constable was relevant enough to proceed to proof before answer.

  • Malicious-prosecution
  • Reasonable-and-probable-cause
  • Malice
  • Suppression-of-evidence
  • Police-duties-in-reporting-crime
  • Specification-of-pleadings
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Criminal-law [2024] HCJAC 52

Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995 by Dionne Christie against His Majesty's Advocate (High Court of Justiciary)

Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995 by Dionne Christie against His Majesty's Advocate (High Court of Justiciary) [2024] HCJAC 52 (15 November 2024)

The Appeal Court of the High Court of Justiciary held that Dr Usher’s biomechanics-based expert evidence was inadmissible because it lacked a reliable factual foundation and risked usurping the jury’s role.

  • Admissibility-of-expert-evidence
  • Role-of-expert-witnesses
  • Jury-function
  • Biomechanics
  • Probability/statistics-in-evidence
  • Criminal-evidence
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Contract-law [2024] SCPER 47

Robert Walkingshaw against Glenalmond Trading Investments Ltd (Sheriff Court Civil)

Robert Walkingshaw against Glenalmond Trading Investments Ltd (Sheriff Court Civil) [2024] SCPER 47 (14 November 2024)

A Scottish sheriff held a screeding contractor liable for defective floor works, awarding the pursuer ÂŁ7,120.85 after set-off and dismissing the counterclaim.

  • Breach-of-contract
  • Implied-terms
  • Damages
  • Building-works
  • Expert-evidence
  • Construction-law
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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.