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Scotland Case Law

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Construction law [2024] ScotSAC Civ 12

REALM CONSTRUCTION LIMITED v ISG CONSTRUCTION LIMITED

REALM CONSTRUCTION LIMITED v ISG CONSTRUCTION LIMITED [2024] ScotSAC Civ 12 (07 April 2024)

The Sheriff Appeal Court enforced an adjudicator’s decision in a construction payment dispute, finding no material jurisdictional or procedural error.

  • Payment disputes
  • Adjudication
  • Contractual interpretation
  • Construction-law
  • Contract-law
  • Payment-disputes
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Contract law [2021] SC PER 38

CASTLE WATER Ltd AGAINST KEMBLE ESTATES Ltd

CASTLE WATER Ltd AGAINST KEMBLE ESTATES Ltd [2021] SC PER 38 (11 June 2021)

The sheriff court held Kemble Estates Ltd liable under a water supply contract and allowed Castle Water Ltd’s claim for the sums due.

  • Commercial contracts
  • Payment disputes
  • Contract-law
  • Commercial-contracts
  • Payment-disputes
  • Sheriff-court
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Contract law [2021] SC PER 38

CASTLE WATER Ltd AGAINST KEMBLE ESTATES Ltd

CASTLE WATER Ltd AGAINST KEMBLE ESTATES Ltd [2021] SC PER 38 (11 June 2021)

A Scottish sheriff court held that Kemble Estates Ltd was liable to pay sums claimed under a commercial water-supply contract, and ordered payment to Castle Water Ltd.

  • Commercial contracts
  • Payment disputes
  • Contract-law
  • Commercial-contracts
  • Payment-disputes
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Contract law [2021] ScotSAC Civ 5

D McLAUGHLIN AND SONS LTD v LINTHOUSE HOUSING ASSOCIATION LTD

D McLAUGHLIN AND SONS LTD v LINTHOUSE HOUSING ASSOCIATION LTD [2021] ScotSAC Civ 5 (27 January 2021)

Scottish Sheriff Appeal Court decision on construction contract payment withholding. The appeal was allowed after the respondent failed to comply with notice requirements.

  • Payment disputes
  • Interpretation of contract terms
  • Construction-law
  • Payment-disputes
  • Contract-interpretation
  • Withholding-notice
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Construction law [2017] ScotCS CSOH_145

MORGAN SINDALL CONSTRUCTION AND INFRASTRUCTURE LIMITED AGAINST WESTCROWNS CONTRACTING SERVICES LIMITED

MORGAN SINDALL CONSTRUCTION AND INFRASTRUCTURE LIMITED AGAINST WESTCROWNS CONTRACTING SERVICES LIMITED [2017] ScotCS CSOH_145 (30 November 2017)

The Court of Session enforced an adjudicator’s decision in a construction payment dispute, finding no valid basis to resist enforcement.

  • Payment disputes
  • Adjudication
  • Enforcement of adjudicator's decision
  • Construction-law
  • Contract-law
  • Payment-disputes
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Construction law [2000] ScotCS 133

Strathmore Building Services Ltd v Greig

Strathmore Building Services Ltd v Greig [2000] ScotCS 133 (25 May 2000)

The Court of Session refused a motion to sist a construction payment claim for arbitration, holding that no real dispute arose because withholding-notice requirements were not met.

  • Construction contracts
  • Arbitration clauses
  • Payment disputes
  • Statutory notice requirements
  • Construction-contracts
  • Arbitration-clauses
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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.