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Scotland decisions
Decisions matching the current search
DRAGADOS (UK) LTD AGAINST DC EIFEKET AGGREGATE AS [2021] ScotCS CSOH_117 (16 November 2021)
The court excluded averments about pre-contract negotiations, holding they could not be used to construe the contract or support personal bar on the pleadings.
ARBITRATION APPEAL NO 1 OF 2021 [2021] ScotCS CSOH_41 (23 April 2021)
The Court of Session refused leave to appeal in an arbitration dispute over design responsibility for pipe lining material and rejected a personal bar argument.
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.
SERCO LTD AGAINST FORTH HEALTH LTD [2020] ScotCS CSOH_48 (20 May 2020)
A Scottish Court of Session case on a PFI facilities contract dispute over wage-drift payments, contract interpretation, and personal bar arising from benchmarking.
W M MORRISON SUPERMARKETS PLC AGAINST (FIRST) LEM ESTATES LTD (IN LIQUIDATION) and KEITH ANDERSON, the liquidator thereof; (SECOND) STRUER CONSULTING ENGINEERS LTD; (THIRD) MUIR CONSTRUCTION LTD [2020] ScotCS CSOH_31 (11 March 2020)
Court of Session decision on design responsibility, personal bar, and prescription in a construction dispute over a supermarket car park surface.
Pollock & Ors v Drogo Developments Ltd [2017] ScotCS CSOH_64 (13 April 2017)
The Court of Session held that a developer had no right to lay drainage pipes outside a defined service strip and rejected a personal bar defence based on acquiescence.
National House-Building Council v Scott Hogarth Homes (aka Scotthogarth Homes) & Ors [2017] ScotCS CSOH_7 (17 January 2017)
The Court of Session held that Scott Hogarth Homes remained the registered developer and was liable to indemnify NHBC for Buildmark payments on Falconer Court.
SECRETARY OF STATE FOR WORK AND PENSIONS, THE CHILD SUPPORT AGENCY PO BOX 20, EDINBURGH, EH91 5BD v. JOHN SCOTT ANDERSON, residing at 1/5 Margaret Rose Way, Edinburgh, EH10 7EP [2014] ScotSC 49 (10 April 2014)
A sheriff principal refused an appeal against amendment in a child support liability order case, holding the sheriff had exercised discretion properly despite using the language of personal bar.
Donaghy (t/a Arena Sports Management) v Goodwillie [2013] ScotCS CSOH_117 (10 July 2013)
The court refused to dismiss a football agent’s damages action, holding the pleadings disclosed a prima facie enforceable contract and allowing proof before answer.
GEORGE WIMPEY WEST SCOTLAND LIMITED v. ALAN JOHN HENDERSON [2011] ScotSC 161 (11 October 2011)
A Scottish sheriff court held that pre-contract emails created a basis for personal bar, preventing enforcement of missives for plot 38, but refused rectification.
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