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Scotland Case Law

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Professional negligence [2024] CSOH 100

Hayley Darknell-King against Slater and Gordon UK LTD and Others (Court of Session)

Hayley Darknell-King against Slater and Gordon UK LTD and Others (Court of Session) [2024] CSOH 100 (08 November 2024)

The Court of Session held that the pursuer’s claim was relevant against the third and fifth defenders, but dismissed it against the fourth defender.

  • Solicitor-client contract construction
  • Assumption of liability on business transfer
  • Loss of chance in settlement negotiations
  • Professional duty of care
  • Specification of pleadings in negligence
  • Professional-negligence
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Contract law [2015] ScotCS CSOH_6

PARK'S OF HAMILTON (HOLDINGS) Ltd AGAINST HOLMES MACKILLOP LLP

PARK'S OF HAMILTON (HOLDINGS) Ltd AGAINST HOLMES MACKILLOP LLP [2015] ScotCS CSOH_6 (21 January 2015)

The Court of Session held that an indemnity clause required payment to HMRC within six years, not final judicial determination within that period.

  • Interpretation of commercial contracts
  • Limitation periods
  • Indemnity clauses
  • Professional duty of care
  • Contract-interpretation
  • Indemnity-clauses
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Civil procedure [2011] ScotCS CSOH_18

McLeod Prentice v Sandeman

McLeod Prentice v Sandeman [2011] ScotCS CSOH_18 (28 January 2011)

The Court of Session held that the pursuer’s pleadings were disordered but not incurably incompetent or irrelevant, and allowed him to amend and lodge a proper closed record.

  • Competency of pleadings
  • Relevancy of averments
  • Professional duty of care
  • Causation in negligence
  • Prescription
  • Professional-negligence
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Professional negligence [2001] ScotCS 123

Britannia Building Society v Clarke & Ors

Britannia Building Society v Clarke & Ors [2001] ScotCS 123 (25 May 2001)

The Court of Session held that Britannia Building Society’s averments under section 11(3) of the 1973 Act were irrelevant, so its professional negligence action was dismissed as prescribed.

  • Prescription
  • Reasonable diligence
  • Professional duty of care
  • Reasonable-diligence
  • Professional-negligence
  • Court-of-session
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Contract law [1998] ScotCS 79

Kvaerner Construction (Regions) Ltd v Kirkpatrick & Partners Consulting Engineers Ltd & Ors

Kvaerner Construction (Regions) Ltd v Kirkpatrick & Partners Consulting Engineers Ltd & Ors [1998] ScotCS 79 (26 November 1998)

The Court of Session held that the pursuers’ averments of loss in a professional negligence and contract claim were relevant and allowed proof before answer.

  • Measure of damages
  • Relevancy of pleadings
  • Professional duty of care
  • Assessment of loss
  • Measure-of-damages
  • Relevancy-of-pleadings
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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.