Scotland Case Law

Dales Marine Services Limited against The United States of America and others

The Court of Session held that Dales Marine’s summons was, in substance, a statutory limitation application excluded from Schedule 8 jurisdiction, and sustained the defenders’ relevancy pleas.

• Limitation of liability
• Dock owners' liability
• Limitation fund
• Schedule 8 and schedule 9 of the civil jurisdiction and judgments act 1982
• Article 11 of the convention on limitation of liability for maritime claims 1976
• Maritime-law

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NS against PSC

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.

• Sist
• Forum non conveniens
• Lis alibi pendens
• Jurisdiction
• Divorce
• Legal separation

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North Lanarkshire Council against LM per Cairn Legal Limited

The Upper Tribunal for Scotland held that no fresh placing request was needed for the child’s move from nursery to primary provision at School B, and upheld the FTS decision.

• Additional support needs
• Placing request
• Jurisdiction
• All through school
• Special school
• Primary education

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Robert Adamson against Arnold Clark Automobiles LTD (Court of Session)

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.

• Group proceedings
• Forum non conveniens
• Jurisdiction
• Data breach
• Uk gdpr
• Civil litigation (expenses and group proceedings) (scotland) act 2018

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Julie and Tony Finegan against TUI UK LTD (Sheriff Appeal Court Civil)

Julie and Tony Finegan against TUI UK LTD (Sheriff Appeal Court Civil) [2026] SACCIV 18 (26 February 2026)

The Sheriff Appeal Court dismissed an appeal challenging a simple procedure claim as barred by res judicata after prior ABTA arbitration.

• Res judicata
• Arbitration award finality
• Jurisdiction
• Lay representation
• Res-judicata
• Arbitration

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Gary Bowers against Aviva Insurance LTD (Sheriff Appeal Court Civil)

Gary Bowers against Aviva Insurance LTD (Sheriff Appeal Court Civil) [2026] SACCIV 7 (27 January 2026)

Appeal refused against an award of summary cause expenses in a low-value personal injury action raised in ASPIC.

• Expenses
• Jurisdiction
• Ordinary cause procedure
• Summary cause procedure
• Workplace accident
• Sheriff appeal court

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Your Home Partners against Michael William Kellichan and Michelle Hood (Sheriff Court Civil)

Your Home Partners against Michael William Kellichan and Michelle Hood (Sheriff Court Civil) [2026] SCKDY 34 (19 January 2026)

The sheriff dismissed a simple procedure claim for rent arrears, holding that the sheriff court lacked jurisdiction because the dispute arose from a private residential tenancy.

• Private residential tenancy
• Jurisdiction
• Rent arrears
• Exclusive competence of first-tier tribunal
• Use of artificial intelligence in legal submissions
• Contempt of court

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Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court)

Elly Okong'o Ingan'ga and others against Browns Plantations Kenya LTD (National Personal Injury Court) [2026] SCEDIN 10 (16 January 2026)

A Scottish sheriff determined that Kenyan law governs seven work-injury claims and held that WIBA, not common law, would likely apply to claims filed during the relevant transitional period.

• Choice of law
• Work injury compensation
• Statutory interpretation
• Legitimate expectation
• Jurisdiction
• Choice-of-law

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Chief Constable of the Police Service of Scotland (Duty to investigate corruption even if victim is outside of jurisdiction)

Chief Constable of the Police Service of Scotland (Duty to investigate corruption even if victim is outside of jurisdiction) [2025] ScotIC 293_2025 (10 December 2025)

The Scottish Information Commissioner held that Police Scotland must investigate corruption allegations even where the victim is outside its jurisdiction.

• Duty to investigate
• Corruption
• Jurisdiction
• Duty-to-investigate

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Gary Bowers against Aviva Insurance LTD (National Personal Injury Court)

Gary Bowers against Aviva Insurance LTD (National Personal Injury Court) [2025] SCEDIN 57 (03 September 2025)

Sheriff Campbell held a taxi-driver injury claim fell within the personal injury court jurisdiction, but expenses were awarded on the Summary Cause scale.

• Road traffic accident
• Jurisdiction
• Expenses
• Workplace injury definition
• Personal-injury
• Road-traffic-accident

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