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Contract law [2025] SCHAM 79

Jack Ferguson Baptie against Callum Gillies (Sheriff Court Civil)

Jack Ferguson Baptie against Callum Gillies (Sheriff Court Civil) [2025] SCHAM 79 (03 October 2025)

After proof, the sheriff held that the pursuer was in breach of contract, so he was not entitled to the payment sought. The defender was assoilzied, with expenses reserved.

  • Breach of contract
  • Reparation
  • Pleas in law
  • Contract-law
  • Breach-of-contract
  • Sheriff-court
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Trusts and estates [2025] SCHAM 47

A against B (Sheriff Court Civil)

A against B (Sheriff Court Civil) [2025] SCHAM 47 (09 May 2025)

The sheriff held that the defender dishonestly assisted her husband’s breach of trust and knowingly received misappropriated funds, granting decree for payment.

  • Dishonest assistance
  • Knowing receipt
  • Breach of fiduciary duty
  • Director's duties
  • Misappropriation of trust assets
  • Reparation
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Civil procedure [2018] ScotCS CSOH_116

A AND OTHERS AGAINST GLASGOW CITY COUNCIL

A AND OTHERS AGAINST GLASGOW CITY COUNCIL [2018] ScotCS CSOH_116 (09 November 2018)

The Court of Session allowed a timebarred personal injury action to proceed under s 19A, finding the balance of equities favoured the pursuers.

  • Prescription and limitation (scotland) act 1973 s 17, s 18, s 19a
  • Timebar
  • Professional negligence
  • Equitable discretion
  • Reparation
  • Personal-injury
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Contract law [2018] ScotCS CSOH_83

BAIN AND PAULINE BAIN AGAINST KARL MARTIN

BAIN AND PAULINE BAIN AGAINST KARL MARTIN [2018] ScotCS CSOH_83 (09 August 2018)

In a preliminary proof, the Court of Session held the pursuers failed to prove their extension contract was with Karl Martin personally rather than his limited company.

  • Formation of contract
  • Party identification
  • Breach of contract
  • Reparation
  • Contract-law
  • Formation-of-contract
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Civil law [2015] ScotCS CSIH_26

E.A., AGAINST G.N.

E.A., AGAINST G.N. [2015] ScotCS CSIH_26 (07 April 2015)

Innher House appeal on a time-barred sexual abuse reparation claim under section 19A was refused, and the cross-appeal on liability after age 16 also failed.

  • Sexual abuse
  • Prescription and limitation (scotland) act 1973 section 19a
  • Reparation
  • Consent
  • Time-bar
  • Damages
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Professional negligence [2015] ScotCS CSOH_31

The Inter-Vivos Trust of The Late William Strathdee Gordon v Campbell Riddle Breeze Paterson LLP

The Inter-Vivos Trust of The Late William Strathdee Gordon v Campbell Riddle Breeze Paterson LLP [2015] ScotCS CSOH_31 (25 March 2015)

A solicitor-negligence claim was held time-barred because the pursuers knew they had incurred loss, including legal expenses, by 10 November 2005.

  • Prescription and limitation (scotland) act 1973
  • Time-bar of claims
  • Solicitor's duty of care
  • Breach of contract
  • Reparation
  • Professional-negligence
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Civil litigation [2014] ScotCS CSIH_65

MILLEER v CHIVAS BROTHERS LTD

MILLEER v CHIVAS BROTHERS LTD [2014] ScotCS CSIH_65 (11 July 2014)

The Inner House held that the sheriff had erred on expenses after late disclosure of a key witness statement and awarded the appellant expenses for the whole procedure.

  • Expenses
  • Credibility of evidence
  • Late disclosure
  • Reparation
  • Late-disclosure
  • Credibility-of-evidence
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Civil liability [2013] ScotCS CSOH_80

Frank Houlgate Investment Company Ltd v Biggart Baillie Llp

Frank Houlgate Investment Company Ltd v Biggart Baillie Llp [2013] ScotCS CSOH_80 (28 May 2013)

The court held that a solicitor who learned of a client’s fraud in an ongoing transaction and failed to withdraw or warn the victim could be liable as an accessory to fraud.

  • Accessory liability
  • Solicitor's duties
  • Client confidentiality
  • Fraudulent misrepresentation
  • Reparation
  • Accessory-liability
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Civil law [2013] ScotCS CSIH_19

David T Morrison & Co Ltd (t/a Gael Home Interiors) v ICL Plastics Ltd & Anor

David T Morrison & Co Ltd (t/a Gael Home Interiors) v ICL Plastics Ltd & Anor [2013] ScotCS CSIH_19 (14 March 2013)

The Inner House held that section 11(3) of the 1973 Act may defer prescription until a pursuer knows, or could know with diligence, that loss was caused by fault.

  • Prescription and limitation
  • Reparation (damages)
  • Negligence
  • Nuisance
  • Breach of statutory duty
  • Res ipsa loquitur
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Tort [2012] ScotSC 84

SCOTTISH WATER v. DUNNE BUILDING AND CIVIL ENGINEERING LTD

SCOTTISH WATER v. DUNNE BUILDING AND CIVIL ENGINEERING LTD [2012] ScotSC 84 (31 July 2012)

The court allowed Scottish Water’s appeal on the merits, holding that the sheriff applied the wrong test for negligence and granted decree for £12,585.44.

  • Burden of proof
  • Inference of negligence
  • Standard of proof
  • Reparation
  • Civil liability
  • Negligence
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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.