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Scotland Case Law

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Delict [2026] SCAIR 12

Angela Singh and another against George Weightman and Co (Sheriff Court Civil)

Angela Singh and another against George Weightman and Co (Sheriff Court Civil) [2026] SCAIR 12 (20 January 2026)

Sheriff McGlennan dismissed a negligence claim against insurance brokers for lack of specification on causation and quantum, though lost-rent averments were sufficient.

  • Negligence
  • Causation
  • Specification of pleadings
  • Quantum of damages
  • Insurance misrepresentation
  • Delict
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Contract law [2026] SCDUNF 36

Watermans Property Sales LTD against Tzana Rachelle Jordan Webster (Sheriff Court Civil)

Watermans Property Sales LTD against Tzana Rachelle Jordan Webster (Sheriff Court Civil) [2026] SCDUNF 36 (18 December 2025)

The sheriff dismissed an employment breach claim for lack of specification, finding the pleadings too speculative on both alleged solicitation and loss.

  • Restrictive covenants
  • Confidentiality
  • Non-solicitation
  • Specification of pleadings
  • Loss of chance
  • Restrictive-covenants
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Contract law [2025] SCGLA 75

Michael James Cochrane against Harper MacLeod LLP (Sheriff Court Civil)

Michael James Cochrane against Harper MacLeod LLP (Sheriff Court Civil) [2025] SCGLA 75 (15 August 2025)

A Scottish sheriff dismissed a professional negligence claim against solicitors after holding that the retainer excluded tax advice and that the pleadings lacked specification.

  • Scope of professional retainer
  • Exclusion clauses
  • Duty to advise or refer for tax advice
  • Loss of chance claims
  • Specification of pleadings
  • Professional-negligence
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Data protection [2025] SCLAN 32

Kenneth John Baillie Prentice against Chief Constable of Police Scotland (Sheriff Court Civil)

Kenneth John Baillie Prentice against Chief Constable of Police Scotland (Sheriff Court Civil) [2025] SCLAN 32 (30 April 2025)

A Scottish sheriff dismissed a declarator craved in a data protection case and struck out a compensation claim, but allowed proof on the request-for-compliance crave.

  • Subject access requests
  • Statutory exemptions
  • Declarator competency
  • Compensation for distress
  • Specification of pleadings
  • Data-protection
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Family law [2025] SCFAL 15

Leanne McGunnigal against David Pollock (Sheriff Court Civil)

Leanne McGunnigal against David Pollock (Sheriff Court Civil) [2025] SCFAL 15 (12 March 2025)

A Scottish sheriff court dismissed a cohabitant’s claim for recompense, holding it duplicated a time-barred section 28 claim and lacked specification of loss and enrichment.

  • Cohabitants' property rights
  • Unjustified enrichment
  • Recompense
  • Time bar
  • Specification of pleadings
  • Unjustified-enrichment
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Contract law [2025] SCKDY 69

Pico Business Solutions Ltd against Aligra Personnel LTD (Sheriff Court Civil)

Pico Business Solutions Ltd against Aligra Personnel LTD (Sheriff Court Civil) [2025] SCKDY 69 (21 February 2025)

A sheriff held that a recruitment-services contract was ambiguous on the supplier’s duties, found the pleadings insufficiently specific, and refused decree de plano and dismissal.

  • Contractual interpretation
  • Specification of pleadings
  • Mutuality of obligations
  • Right to payment
  • Counterclaim for restitution
  • Contractual-interpretation
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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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Delict [2024] CSOH 109

Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session)

Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session) [2024] CSOH 109 (13 December 2024)

The Court of Session held that a pursuer’s malicious-reporting claim against the chief constable was relevant enough to proceed to proof before answer.

  • Malicious prosecution
  • Reasonable and probable cause
  • Malice
  • Suppression of evidence
  • Police duties in reporting crime
  • Specification of pleadings
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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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Tort [2024] CSOH 84

NM against Graeme Henderson and another (Court of Session)

NM against Graeme Henderson and another (Court of Session) [2024] CSOH 84 (23 August 2024)

The Court of Session allowed a vicarious liability claim to proceed, but dismissed a direct duty of care claim and excluded limited averments as irrelevant.

  • Vicarious liability
  • Duty of care
  • Harassment
  • Specification of pleadings
  • Employer liability
  • Statutory duties under protection from harassment act 1997
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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.