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Scotland decisions
Decisions matching the current search
Commercial contract dispute over whether a default and termination notice under Clause 6.3 was valid; decree de plano was refused and further procedure ordered.
STV Central Ltd v Semple Fraser LLP & Anor [2015] ScotCS CSIH_35 (12 May 2015)
The Inner House allowed Semple Fraser’s reclaiming motion and held it had pled a relevant contribution case against CBRE, warranting proof before answer.
Blower & Ors v Edwards & Anor [2010] ScotCS CSOH_34 (12 March 2010)
The Court of Session considered claims that a scheme actuary’s advice on switching pension assets breached contract and negligence duties, but the action failed.
West v Castlehill LLP & Ors [2008] ScotCS CSOH_182 (22 December 2008)
A personal injury claim from a fishing-vessel unloading accident. The court rejected most arguments against the second third party, but allowed proof before answer on negligent selection of a contractor.
Gray & Anor v Welsh [2008] ScotCS CSIH_11 (05 February 2008)
The Inner House refused a reclaiming motion in a dispute over alleged defects in garden ground, allowing proof before answer on contractual and delictual issues.
H v. Balkan Holidays Ltd [2007] ScotSC 6 (16 February 2007)
Sheriff Evans dismissed a child injury claim against a package holiday operator as irrelevant, holding the pleadings lacked averments of breach of local standards.
NDT Eye Ltd v Servtech Ltd [2004] ScotSC 64 (23 September 2004)
The sheriff held that a counterclaim for loss arising from destruction of equipment was competent and should proceed to proof before answer.
Tolley v. Abbey Life Assurance Company Ltd & Ors [2004] ScotCS 111 (07 May 2004)
The Court of Session allowed the case to proceed to proof before answer over disputed surrender payments from jointly held investment policies.
Fraser v. Professinal Golders Association [2004] ScotCS 63 (12 March 2004)
The Court of Session dismissed a golfer's damages claim against the PGA over a failed club-repair exam, rejecting a pleaded duty to confine questions to the manual.
Bitwise v. CPS Broadcast Products BV [2002] ScotCS 280 (23 October 2002)
The court held it lacked jurisdiction over a damages claim under Article 5(1) of the Brussels Convention, but allowed the payment claim to proceed to proof.
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