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Scotland decisions
Decisions matching the current search
Lady Tait refused a motion to sist a Scottish divorce action in favour of Californian separation proceedings, holding the balance of fairness and convenience favoured Scotland.
Robert Adamson against Arnold Clark Automobiles LTD (Court of Session) [2026] CSOH 39 (16 April 2026)
The Court of Session refused a reclaiming motion and affirmed permission for group proceedings over a 2022 cyber breach, holding forum non conveniens should not be decided at permission stage.
Tamkara Olayinka Irimagha or Adun against David Kehinde Adun (Court of Session) [2026] CSOH 23 (11 March 2026)
The Court of Session granted a discretionary sist in a divorce action, holding that Nigeria was the prima facie more appropriate forum and that substantial justice was not shown to be at risk there.
MEX Group Worldwide LTD against Stewart Owen Ford & Others (Court of Session) [2024] CSOH 86 (12 September 2024)
The court upheld jurisdiction over non-Scottish defenders in an alleged conspiracy claim, rejected forum non conveniens, and enforced a prorogation clause for Deed-based disputes.
HUGH HALL CAMPBELL KC AGAINST JAMES FINLAY (KENYA) LTD [2023] ScotCS CSIH_39 (07 November 2023)
Scottish appeal in Kenyan tea-worker injury claims. The court held the WIBA applied, rejected prorogation to Kenya, and sisted the proceedings pending WIBA resolution.
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.
HUGH HALL CAMPBELL KC AGAINST JAMES FINLAY (KENYA) LTD [2022] ScotCS CSOH_94 (20 December 2022)
The Court of Session refused to vary interim interdicts, finding no material change of circumstances and holding that comity did not require relief.
HUGH HALL CAMPBELL KC AGAINST JAMES FINLAY (KENYA) LTD [2022] ScotCS CSOH_95 (30 September 2022)
The Court of Session managed related group proceedings and petitions arising from Kenyan anti-suit litigation, sisting the case briefly, refusing anonymised receipt of a revised group register, and extending time to join the group.
THOMPSONS SOLICITORS SCOTLAND v JAMES FINLAY (KENYA) LTD [2022] ScotCS CSOH_12 (02 February 2022)
The Court of Session refused to authorise the applicant solicitor-firm as representative party in proposed group proceedings, citing conflict concerns, but found the claims otherwise suitable.
THE UNIVERSITY COURT OF THE UNIVERSITY OF ST ANDREWS AGAINST STUDENT GOWNS LTD [2019] ScotCS CSOH_86 (08 November 2019)
The Court of Session held that it had jurisdiction over trade mark infringement and passing off claims against an English gown seller, and refused to stay the case for forum non conveniens.
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