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Contract law [2025] SCFAL 004

Fraser Allison and Vivian Allison against Russel + Aitken (Falkirk & Alloa) Ltd (Sheriff Court Civil)

Fraser Allison and Vivian Allison against Russel + Aitken (Falkirk & Alloa) Ltd (Sheriff Court Civil) [2025] SCFAL 004 (05 February 2025)

A sheriff refused a solicitor defenders’ motion to dismiss a negligence and breach of contract claim over failure to disclose a planning proposal in a property enquiry certificate.

  • Solicitor's duty of care
  • Breach of contract
  • Damages assessment
  • Specification of pleadings
  • Professional negligence
  • Disclosure obligations
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Civil procedure [2024] CSIH 30

William Gray against Stephen McCallion and another (Court of Session)

William Gray against Stephen McCallion and another (Court of Session) [2024] CSIH 30 (04 October 2024)

The Inner House held that leave to reclaim was required because the Lord Ordinary’s decision was procedural. It also said the counterclaim was competent and sufficiently specified.

  • Counterclaim competency
  • Specification of pleadings
  • Share transfer
  • Professional negligence
  • Procedural appeals
  • Civil-procedure
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Civil procedure [2024] CSIH 26

Reclaiming Motion in the cause Laura McCluskey against Scott Wilson Scotland Ltd (Court of Session)

Reclaiming Motion in the cause Laura McCluskey against Scott Wilson Scotland Ltd (Court of Session) [2024] CSIH 26 (28 August 2024)

The Inner House upheld a res judicata plea in a Watling Street contamination claim, holding that the lead action had already determined the generic duty and breach issues.

  • Res judicata
  • Abuse of process
  • Professional negligence
  • Group litigation
  • Personal injury
  • Case management
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Medical negligence [2024] ScotCS CSIH_7

SD AS LEGAL REPRESENTATIVE OF LD AGAINST GRAMPIAN HEALTH BOARD

SD AS LEGAL REPRESENTATIVE OF LD AGAINST GRAMPIAN HEALTH BOARD [2024] ScotCS CSIH_7 (19 April 2024)

The Court of Session refused the reclaiming motion in a medical negligence claim over LD’s birth injuries, finding no breach by Dr Sripada or the ward round doctors and no proved causation.

  • Professional negligence
  • Causation
  • Standard of care
  • Scope of duty
  • Remoteness of damage
  • Medical-negligence
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Construction law [2023] ScotCS CSOH_53

TILBURY DOUGLAS CONSTRUCTION LTD AGAINST OVE ARUP & PARNTERS SCOTLAND LTD

TILBURY DOUGLAS CONSTRUCTION LTD AGAINST OVE ARUP & PARNTERS SCOTLAND LTD [2023] ScotCS CSOH_53 (16 August 2023)

The court held that a construction professional negligence claim was not prescribed, because the relevant loss was not clearly known until November 2014.

  • Professional negligence
  • Prescription and limitation of actions
  • Engineering design liability
  • Loss and damage in construction contracts
  • Prescription-and-limitation
  • Construction-law
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Civil procedure [2022] ScotSAC Civ 29

THORNTONS LAW LLP v PETER DYMOKE AND ANOTHER

THORNTONS LAW LLP v PETER DYMOKE AND ANOTHER [2022] ScotSAC Civ 29 (29 September 2022)

The Sheriff Appeal Court dismissed Thorntons Law LLP’s appeal, holding there was no error of law and the sheriff’s findings were not plainly wrong.

  • Appeal
  • Costs
  • Professional negligence
  • Civil-procedure
  • Appeals
  • Professional-negligence
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Contract law [2021] SC PER 41

(FIRST) ROBERT JAMES FRANKS & Ors AGAINST PETER INGLIS RIAS RIBA

(FIRST) ROBERT JAMES FRANKS & Ors AGAINST PETER INGLIS RIAS RIBA [2021] SC PER 41 (21 June 2021)

Sheriff court decision in a professional negligence claim against an architect. The claim was dismissed after the court found no breach of professional duty.

  • Professional negligence
  • Architect liability
  • Professional-negligence
  • Architect-liability
  • Scottish-sheriff-court
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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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Contract law [2020] ScotSAC Civ 7

APPEAL BY WPH DEVELOPMENTS LTD v YOUNG & GAULT LLP (IN LIQUIDATION)

APPEAL BY WPH DEVELOPMENTS LTD v YOUNG & GAULT LLP (IN LIQUIDATION) [2020] ScotSAC Civ 7 (04 August 2020)

The Sheriff Appeal Court allowed WPH Developments Ltd’s appeal, holding that Young & Gault LLP breached contractual duties and caused recoverable loss.

  • Liquidation
  • Professional negligence
  • Damages
  • Contract-law
  • Professional-negligence
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Contract law [2020] ScotSC SC_27

WPH DEVELOPMENTS LIMITED V YOUNG & GAULT LLP (IN LIQUIDATION)

WPH DEVELOPMENTS LIMITED V YOUNG & GAULT LLP (IN LIQUIDATION) [2020] SC GLA 27 (8 April 2020)

The sheriff court held that Young & Gault LLP breached contractual and professional duties to WPH Developments Limited and awarded damages to the pursuer.

  • Breach of contract
  • Professional negligence
  • Damages
  • Breach-of-contract
  • Professional-negligence
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.