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Arbitration [2026] CSOH 2

Petition: Arbitration No.1 Of 2025 (Court of Session)

Petition: Arbitration No.1 Of 2025 (Court of Session) [2026] CSOH 2 (13 January 2026)

The Outer House held that a tenant’s mutuality-based argument was not put to the arbitrator in time, so there was no serious irregularity under Rule 68(2)(c).

  • Serious irregularity in arbitration
  • Repairing obligations in leases
  • Mutuality of contract
  • Interpretation of lease clauses
  • Arbitration
  • Serious-irregularity
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Contract law [2020] ScotCS CSOH_56

PROMONTORIA (CHESTNUT) LIMITED AGAINST THE FIRM OF BALLANTYNE PROPERTY SERVICES AND OTHERS

PROMONTORIA (CHESTNUT) LIMITED AGAINST THE FIRM OF BALLANTYNE PROPERTY SERVICES AND OTHERS [2020] ScotCS CSOH_56 (29 May 2020)

The Court of Session considered whether an assignee bank debt claim could proceed despite challenges to title, intimation, and an alleged promise to renew lending.

  • Assignation of debt
  • Promise in scots law
  • Personal bar (estoppel)
  • Mutuality of contract
  • Summary decree
  • Facility agreements
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Contract law [2017] ScotCS CSOH_119

J H & W LAMONT OF HEATHFIELD FARM AND OTHERS AGAINST CHATTISHAM LIMITED

J H & W LAMONT OF HEATHFIELD FARM AND OTHERS AGAINST CHATTISHAM LIMITED [2017] ScotCS CSOH_119 (07 September 2017))

The Court of Session held that Chattisham Limited had to discharge a standard security after valid termination of an option agreement, and rejected retention.

  • Option agreements
  • Standard security
  • Mutuality of contract
  • Implied terms
  • Right of retention
  • Discharge of security
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Contract law [2016] ScotSC 61

COLIN MCKENDRICK AGAINST MR STEPHEN CUMMING AND MRS HEATHER CUMMING

COLIN MCKENDRICK AGAINST MR STEPHEN CUMMING AND MRS HEATHER CUMMING [2016] ScotSC 61 (21 September 2016)

Sheriff Court judgment on a decking installation dispute: the pursuer recovered the timber cost only, while his labour claim and the defenders’ counterclaim were refused.

  • Breach of contract
  • Defective workmanship
  • Remedies for breach
  • Quantification of counterclaim
  • Mutuality of contract
  • Breach-of-contract
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Contract law [2015] ScotCS CSOH_10A

Stork Technical Services (RBG) Ltd v Ross

Stork Technical Services (RBG) Ltd v Ross [2015] ScotCS CSOH_10A (3 February 2015)

The Court of Session held that the adjudication contract was with Knights Solicitors LLP, not Mr Ross personally, and granted absolvitor for the defender.

  • Adjudicator's liability
  • Restitution
  • Contractual parties
  • Failure of purpose
  • Mutuality of contract
  • Adjudication
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Contract law [2014] ScotCS CSOH_113

OPINION OF LORD TYRE IN THE CAUSE JOHN WILLIAM SUTHERLAND AGAINST BANK OF SCOTLAND PLC

OPINION OF LORD TYRE IN THE CAUSE JOHN WILLIAM SUTHERLAND AGAINST BANK OF SCOTLAND PLC [2014] ScotCS CSOH_113 (11 July 2014)

The Court of Session held that Bank of Scotland was not bound to provide an alleged ÂŁ2 million working-capital overdraft and dismissed claims to reduce the guarantee or award damages.

  • Personal guarantee enforcement
  • Mutuality of contract
  • Misrepresentation
  • Vicarious liability
  • Damages
  • Personal-guarantee-enforcement
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Contract law [2014] ScotCS CSOH_99

MACROBERTS LLP AGAINST McCRINDLE GROUP Ltd

MACROBERTS LLP AGAINST McCRINDLE GROUP Ltd [2014] ScotCS CSOH_99 (10 June 2014)

The court held that MacRoberts LLP had not materially breached its contract with McCrindle Group Limited and could claim its fees; the counterclaim was rejected.

  • Material breach
  • Mutuality of contract
  • Solicitor-client relationship
  • Conflict of interest
  • Material-breach
  • Mutuality-of-contract
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Contract law [2010] ScotCS CSOH_147

Pagan & Ors v Clarke & Anor

Pagan & Ors v Clarke & Anor [2010] ScotCS CSOH_147 (09 November 2010)

The Court of Session held that “work in progress of the Firm at the Retirement Date” included non-time-recorded work from the firm’s non-legal sectors.

  • Interpretation of contracts
  • Partnership retirement
  • Calculation of work in progress
  • Valuation of partnership assets
  • Mutuality of contract
  • Contract-interpretation
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Contract law [2010] ScotSC 182

ANGUS JOINERY LIMITED v. JAMES AND VALERIE McKAY

ANGUS JOINERY LIMITED v. JAMES AND VALERIE McKAY [2010] ScotSC 182 (04 November 2010)

A sheriff held a joinery company in material breach after defective window installation and refusal to complete the work, awarding the defenders ÂŁ11,750 plus interest.

  • Breach of contract
  • Implied terms
  • Damages
  • Mutuality of contract
  • Consumer contracts
  • Supply of goods and services
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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.