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Contract law [2024] SACCIV 46

Edward Alexander Leishman in the cause Edward Alexander Leishman against Alexander Antony Noble (Sheriff Appeal Court Civil)

Edward Alexander Leishman in the cause Edward Alexander Leishman against Alexander Antony Noble (Sheriff Appeal Court Civil) [2024] SACCIV 46 (11 November 2024)

The Sheriff Appeal Court allowed an appeal over whether a heads of terms document created a binding share-sale payment obligation, remitting the case for proof before answer.

  • Formation of contract
  • Share sale agreements
  • Heads of terms
  • Proof before answer
  • Contract-formation
  • Heads-of-terms
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Civil procedure [2020] ScotCS CSIH_24

SA AGAINST PA

SA AGAINST PA [2020] ScotCS CSIH_24 (15 May 2020)

The Inner House refused a reclaiming motion, holding that a case management decision to send the action to proof before answer should not be disturbed.

  • Case management
  • Proof before answer
  • Debate on legal issues
  • Relevancy of pleadings
  • Case-management
  • Proof-before-answer
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Property law [2017] ScotCS CSOH_58

Whitcombe v Bank of Scotland Plc

Whitcombe v Bank of Scotland Plc [2017] ScotCS CSOH_58 (31 March 2017)

The Court of Session held that a lease dispute over a 2007 agreement could not be resolved on procedure roll, and allowed proof before answer.

  • Essentials of a lease
  • Requirement of rent in lease agreements
  • Reduction of decree
  • Proof before answer
  • Lease-agreements
  • Rent-requirement
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Human rights law [2016] ScotSC 11

APPEAL BY JAMES MCDOWALL AGAINST G4S CARE AND JUSTICE SERVICES (UK) Ltd

APPEAL BY JAMES MCDOWALL AGAINST G4S CARE AND JUSTICE SERVICES (UK) Ltd [2016] ScotSC 11 (23 February 2016)

The appeal concerned whether prisoner restraint during hospital visits breached Articles 3 and 8 ECHR. The sheriff principal allowed the appeal and ordered proof before answer.

  • European convention on human rights
  • Article 3 echr
  • Article 8 echr
  • Use of restraints on prisoners
  • Proportionality
  • Risk assessment
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Contract law [2014] ScotSC 52

DIANE GIBSON v. MRS SANDRA GOW & MR DEREK GOW

DIANE GIBSON v. MRS SANDRA GOW & MR DEREK GOW [2014] ScotSC 52 (04 April 2014)

The sheriff allowed proof before answer in a £50,000 loan dispute, holding the pleadings were sufficient to try whether the money was a loan or a gift.

  • Loan agreements
  • Repayment terms
  • Oral contracts
  • Presumption of repayment
  • Proof before answer
  • Oral-contracts
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Medical negligence [2013] ScotCS CSOH_41

RP v Duncan

RP v Duncan [2013] ScotCS CSOH_41 (08 March 2013)

The Court of Session refused a motion to dismiss in a medical negligence claim, holding that causation could not be resolved on the pleadings and the case should go to proof before answer.

  • Causation
  • Duty of care
  • Proof before answer
  • Administrative error in medical practice
  • Medical-negligence
  • Proof-before-answer
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Civil procedure [2010] ScotCS CSIH_70

MW v Glasgow City Council

MW v Glasgow City Council [2010] ScotCS CSIH_70 (23 July 2010)

The Inner House refused a reclaiming motion in a time-bar dispute over alleged abuse at Kerelaw Residential School, holding that proof before answer should proceed.

  • Prescription and limitation (scotland) act 1973
  • Time-bar
  • Abuse in care
  • Proof before answer
  • Personal-injury
  • Abuse-in-care
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Property law [2009] ScotSC 4

Bank Of Scotland v. Bradbury

Bank Of Scotland v. Bradbury [2009] ScotSC 4 (21 January 2009)

The Sheriff Principal remitted a possession action to a new sheriff for proof before answer and directed a pre-proof hearing on whether to use prior evidence or proceed de novo.

  • Recovery of possession
  • Standard security
  • Proof before answer
  • Judicial procedure after judge's incapacity
  • Proof-before-answer
  • Sheriff-court-procedure
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Property law [2009] ScotSC 27

Bank Of Scotland v. Bradbury

Bank Of Scotland v. Bradbury [2009] ScotSC 27 (21 January 2009)

The Sheriff Principal remitted a long-running possession case for a fresh proof before answer before a new sheriff, who will decide whether to use earlier evidence or hear the case anew.

  • Recovery of possession
  • Standard security
  • Proof before answer
  • Judicial procedure after judge's incapacity
  • Proof-before-answer
  • Sheriff-court-procedure
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Tort [2006] ScotCS CSOH_101

Anderson v. Christian Salvesen Plc

Anderson v. Christian Salvesen Plc [2006] ScotCS CSOH_101 (04 July 2006)

The court refused a procedure roll discussion and allowed proof in a claim for psychiatric injury arising from a fatal workplace accident.

  • Psychiatric injury
  • Instrumentality cases
  • Primary and secondary victims
  • Relevancy of pleadings
  • Proof before answer
  • Psychiatric-injury
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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.