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Scotland Case Law

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Professional-negligence [2025] SCEDI 78

Comino Properties Ltd against DHKK Ltd (Sheriff Court Civil)

Comino Properties Ltd against DHKK Ltd (Sheriff Court Civil) [2025] SCEDI 78 (16 October 2025)

A Scottish sheriff dismissed a purchaser’s claim against a surveyor’s company over a home report, holding the pleadings lacked a relevant case of professional negligence.

  • Surveyor's-liability
  • Home-report-requirements
  • Measure-of-damages
  • Professional-standard-of-care
  • Professional-negligence
  • Surveyors-liability
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Contract-law [2025] SACCIV 24

Hillington Cash & Carry LTD against Shindo Kaur Kooner (Sheriff Appeal Court Civil)

Hillington Cash & Carry LTD against Shindo Kaur Kooner (Sheriff Appeal Court Civil) [2025] SACCIV 24 (03 September 2025)

The Sheriff Appeal Court largely upheld damages for breach of a roof-repair obligation, treating the claimant’s losses as wasted expenditure, but reduced the award by £1,200.

  • Breach-of-contract
  • Damages-for-wasted-expenditure
  • Lease-obligations
  • Repair-covenants
  • Measure-of-damages
  • Contract-law
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Tort [2025] SCPER 66

Bear Scotland LTD against Scott Dammer (Sheriff Court Civil)

Bear Scotland LTD against Scott Dammer (Sheriff Court Civil) [2025] SCPER 66 (18 August 2025)

The sheriff awarded Bear Scotland Limited ÂŁ8,179.18 for road barrier damage, allowing repair and ancillary losses but excluding unsupported betterment.

  • Measure-of-damages
  • Property-damage
  • Betterment
  • Quantification-of-loss
  • Recovery-of-consequential-losses
  • Road-traffic-claims
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Commercial-law [2017] ScotCS CSOH_63

Moor Row Ltd v DWF LLP

Moor Row Ltd v DWF LLP [2017] ScotCS CSOH_63 (07 April 2017)

Commercial lease dispute over dilapidations and indemnity. The court held the damages and indemnity pleadings were not irrelevant on the lease terms, but reserved proof on actual loss.

  • Dilapidations
  • Repairing-obligations
  • Indemnity-clauses
  • Measure-of-damages
  • Prematurity-of-action
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Landlord-and-tenant [2017] ScotSC 18

H & H PROPERTIES UK Ltd AGAINST MARC DOURIS & LINZI DOURIS

H & H PROPERTIES UK Ltd AGAINST MARC DOURIS & LINZI DOURIS [2017] ScotSC 18 (27 March 2017)

Scottish sheriff court decision awarding a landlord unpaid rent and limited dilapidations after tenants breached lease terms, subject to wear-and-tear deductions.

  • Breach-of-lease
  • Damages-for-dilapidations
  • Unpaid-rent
  • Tenancy-deposit
  • Wear-and-tear
  • Measure-of-damages
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Contract-law [2016] ScotSC 31

JOHN PEEBLES AND CATHERINE PEEBLES AGAINST REMBRAND BUILDERS MERCHANTS Ltd

JOHN PEEBLES AND CATHERINE PEEBLES AGAINST REMBRAND BUILDERS MERCHANTS Ltd [2016] ScotSC 31 (14 April 2016)

Sheriff Court decision on a roof-tile dispute under the Sale of Goods Act 1979, addressing damages, warranty averments, British Standards, and late rejection.

  • Sale-of-goods
  • Implied-terms
  • Damages
  • Measure-of-damages
  • Rejection-of-goods
  • Specification-of-pleadings
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Property-law [2015] ScotCS CSIH_91

@SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd

@SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd [2015] ScotCS CSIH_91 (11 December 2015)

The Inner House held that a commercial lease required the tenant to put and keep the premises in good and substantial repair, and upheld the landlord’s contractual payment claim.

  • Commercial-leases
  • Repairing-obligations
  • Measure-of-damages
  • Contractual-interpretation
  • Repairing-covenants
  • Dilapidations
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Property-law [2014] ScotCS CSOH_137

@SIPP (PENSION TRUSTEES) Ltd AGAINST INSIGHT TRAVEL SERVICES Ltd

@SIPP (PENSION TRUSTEES) Ltd AGAINST INSIGHT TRAVEL SERVICES Ltd [2014] ScotCS CSOH_137 (04 September 2014)

A Scottish commercial lease case on repairing obligations and dilapidations, holding that the tenant’s duty was limited by the lease’s commencement condition.

  • Commercial-leases
  • Repairing-obligations
  • Measure-of-damages
  • Interpretation-of-lease-clauses
  • Dilapidations
  • Lease-interpretation
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Contract-law [2014] ScotCS CSIH_43

Grove Investments Ltd v Cape Building Products Ltd

Grove Investments Ltd v Cape Building Products Ltd [2014] ScotCS CSIH_43 (13 May 2014)

The Inner House held that a lease dilapidations clause was to be construed by reference to actual loss, not as a fixed payment of the schedule total.

  • Construction-of-lease-provisions
  • Measure-of-damages-for-breach-of-repairing-obligations
  • Liquidated-damages-vs.-actual-loss
  • Interpretation-of-commercial-contracts
  • Commercial-lease-dilapidations
  • Contract-interpretation
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Contract-law [2014] ScotCS CSOH_74

Friends Provident Life Assurance Ltd v Sir Robert McAlpine Ltd

Friends Provident Life Assurance Ltd v Sir Robert McAlpine Ltd [2014] ScotCS CSOH_74 (24 April 2014)

The Outer House held the summons validly called after a business transfer, allowed amendment to substitute the transferee, and rejected the defender's warranty construction.

  • Collateral-warranty
  • Assignment-of-rights
  • Prescription
  • Amendment-of-pleadings
  • Measure-of-damages
  • 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.