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Scotland Case Law

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Civil law

William Colley against Social Care and Social Work Improvement Scotland

The Sheriff Appeal Court refused an appeal in a civil action against the Care Inspectorate, upholding dismissal after debate, though it corrected part of the sheriff’s interlocutor.

  • Misfeasance in public office
  • Negligence
  • Defamation
  • Prescription and limitation
  • Regulatory powers of the care inspectorate
  • School care accommodation services
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Trusts and estates [2025] SCAIR 82

Tracey Hamill as Executrix-Nominate James Murnin against Barry Murnin (Sheriff Court Civil)

Tracey Hamill as Executrix-Nominate James Murnin against Barry Murnin (Sheriff Court Civil) [2025] SCAIR 82 (22 September 2025)

Sheriff Livingston allowed a proof before answer in a family dispute over funds transferred from a joint account, reserving most pleas and deleting limited irrelevant passages.

  • Trust formation and validity
  • Gifts and donations
  • Prescription and limitation
  • Testamentary formalities
  • Joint bank accounts
  • Illegality and public policy
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Contract law [2025] SCGLA 36

Brian McCardle against Gerald George Grady (Sheriff Court Civil)

Brian McCardle against Gerald George Grady (Sheriff Court Civil) [2025] SCGLA 36 (01 April 2025)

The sheriff awarded the pursuer £17,575 for communal rot works, additional electrical work, retention of a third-party payment, and a home report.

  • Quantum meruit
  • Prescription and limitation
  • Consumer rights act 2015
  • Pactum illicitum
  • Unjust enrichment
  • Contract formation
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Administrative law [2024] CSOH 79

Petition of Alan Houston for Judicial Review (Court of Session)

Petition of Alan Houston for Judicial Review (Court of Session) [2024] CSOH 79 (09 August 2024)

The court held that deductions from state pension credit to recover Social Fund crisis loans were lawful, that prescription did not apply, and dismissed the petition.

  • State pension credit
  • Social fund loans
  • Deductions from benefits
  • Prescription and limitation
  • Judicial review
  • Judicial-review
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Professional negligence [2024] ScotCS CSIH_13

CENTENARY 6 LTD AGAINST TLT LLP

CENTENARY 6 LTD AGAINST TLT LLP [2024] ScotCS CSIH_13 (04 June 2024)

The Inner House upheld a solicitor-negligence award arising from a failed section 212 insolvency claim and only adjusted the treatment of certain expense awards.

  • Solicitor's duty of care
  • Loss of a chance
  • Prescription and limitation
  • Liquidator's duties
  • Section 212 insolvency act 1986
  • Litigation funding
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Company law [2023] ScotCS CSOH_88

JAMES ADRIAN WATSON AGAINST GRAHAM EDWARD FLETCHER

JAMES ADRIAN WATSON AGAINST GRAHAM EDWARD FLETCHER [2023] ScotCS CSOH_88 (06 December 2023)

The Outer House held that an amended claim for reparation was time-barred under the Prescription and Limitation (Scotland) Act 1973 and dismissed the action.

  • Director's fiduciary duties
  • Prescription and limitation
  • Company administration
  • Adjustment of pleadings
  • Prescription-and-limitation
  • Adjustment-of-pleadings
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Professional negligence [2023] ScotCS CSOH_28

CENTENARY 6 LTD AGAINST TLT LLP

CENTENARY 6 LTD AGAINST TLT LLP [2023] ScotCS CSOH_28 (05 May 2023)

The Court of Session held that Centenary 6 Limited lost 65% of a claim in a section 212 insolvency note because the underlying claim had not prescribed, and awarded reduced damages for solicitor negligence.

  • Loss of a chance
  • Solicitor's negligence
  • Liquidator's duties
  • Prescription and limitation
  • Section 212 insolvency act 1986
  • Damages assessment
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Contract law [2020] ScotCS CSOH_96

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP AND OTHERS

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP AND OTHERS [2020] ScotCS CSOH_96 (27 November 2020)

The Court of Session held that a prior full and final settlement of the same loss made the new damages action incompetent, and dismissed the case.

  • Settlement agreements
  • Joint and several liability
  • Prescription and limitation
  • Damages for breach of fiduciary duty
  • Fraudulent misrepresentation
  • Professional negligence
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Personal injury [2020] ScotCS CSOH_21

STEPHEN ANTHONY QUINN AND OTHERS AGAINST WRIGHT’S INSULATIONS LTD

STEPHEN ANTHONY QUINN AND OTHERS AGAINST WRIGHT’S INSULATIONS LTD [2020] ScotCS CSOH_21 (27 February 2020)

The Court of Session refused to let a time-barred mesothelioma claim proceed under section 19A, finding no explanation for the delay and no equitable basis to override limitation.

  • Mesothelioma
  • Asbestos exposure
  • Prescription and limitation
  • Section 19a discretion
  • Time-bar
  • Damages for fatal disease
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Family law [2020] ScotCS CSIH_5

CHRISTINE PERT (AP) AGAINST JOHN McCAFFREY

CHRISTINE PERT (AP) AGAINST JOHN McCAFFREY [2020] ScotCS CSIH_5 (29 January 2020)

Scottish appeal on unjustified enrichment, cohabitation, and prescription. The court held an alternative contractual remedy existed and the claim had prescribed.

  • Unjustified enrichment
  • Prescription and limitation
  • Cohabitation
  • Alternative remedies
  • Recompense
  • Unjustified-enrichment
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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.