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Scotland decisions
Decisions matching the current search
Commercial contract dispute over whether a default and termination notice under Clause 6.3 was valid; decree de plano was refused and further procedure ordered.
The Sheriff Appeal Court refused an appeal against decree for repayment of salary and bonus payments said to have been made to a director, holding the defence lacked fair notice and specification.
Roche Diagnostics Ltd against Greater Glasgow Health Board and another (Court of Session) [2024] CSOH 95 (08 October 2024)
The Outer House refused leave to reclaim in a commercial action concerning waiver, without prejudice privilege, and unlawful means pleadings.
LAURA McCLUSKEY AGAINST SCOTT WILSON SCOTLAND LIMITED [2024] ScotCS CSOH_4 (23 January 2024)
The court held that a lead case did not bar every issue in a later personal injury action, but restricted the action to new averments and a further alleged breach.
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.
Ramsden v Santon Highlands Ltd [2015] ScotCS CSOH_66 (02 June 2015)
The Court of Session dismissed an ordinary action over missives, disposition, and land-register rectification, holding the pursuer’s pleadings were too irrelevant and specific.
Thomas v Santon Highlands Ltd [2015] ScotCS CSOH_67 (02 June 2015)
The Court of Session dismissed Ian Thomas’s action as irrelevant, holding the pleadings were not sufficiently specific to support claims for reduction, rectification, and payment.
JOHN GORDON INNES AGAINST ROBERT DERMOTT SIMPSON [2015] ScotSC 41 (01 June 2015)
An appeal against summary decree in a fraud and reparation action was refused. The court held the pleadings were irrelevant and lacked the specificity needed for fraud and loss.
The Harbro Group Ltd v MHA Auchlochan [2014] ScotCS CSIH_14 (30 January 2014)
The Inner House held that a parent company could not plead recoverable losses said to have been incurred by subsidiaries without a proper legal basis.
PATRICIA MAIR v. DSG INTERNATIONAL PLC [2013] ScotSC 68 (19 September 2013)
The Sheriff Principal refused an appeal in a workplace bullying case, holding the pleadings did not properly aver foreseeable psychiatric injury and that amendment was too late.
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