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Scotland Case Law

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Civil litigation

CD and others against Grampian NHS Board

Clinical negligence fatal claims: the court held the third and fourth pursuers’ claims were timeous, the sixth pursuer was ineligible, and awarded damages of £150,000 and £75,000.

  • Limitation
  • Time bar
  • Section 19a discretion
  • Fatal claims
  • Eligibility of relative claimant
  • Quantum of bereavement damages
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Tort [2026] SCGLA 43

Joanna Cox against Optimax Clinics LTD and others (Sheriff Court Civil)

Joanna Cox against Optimax Clinics LTD and others (Sheriff Court Civil) [2026] SCGLA 43 (29 January 2026)

The sheriff held that a medical negligence claim about LASIK surgery was time barred under section 17(2)(b) of the Prescription and Limitation (Scotland) Act 1973.

  • Lasik eye surgery
  • Corneal ectasia
  • Keratoconus
  • Time bar
  • Prescription and limitation (scotland) act 1973
  • Awareness of injury
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Family law [2025] SCKIL 17

KK against TC (Sheriff Court Civil)

KK against TC (Sheriff Court Civil) [2025] SCKIL 17 (31 December 2025)

A Scottish sheriff held that cohabitation ended on 8 September 2023, so the pursuer’s section 28 claim was served out of time and dismissed.

  • Cohabitation
  • Time bar
  • Section 28 family law (scotland) act 2006
  • Family-law
  • Time-bar
  • Scotland
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Public law [2026] CSOH 35

St Margarets Nursery LTD for Judicial Review (Court of Session)

St Margarets Nursery LTD for Judicial Review (Court of Session) [2026] CSOH 35 (18 September 2025)

The Court of Session refused permission for judicial review of Edinburgh Council’s non-renewal of an early learning and childcare agreement and dismissed the petition.

  • Judicial review
  • Eligibility criteria
  • Early learning and childcare
  • Legitimate expectation
  • Procedural fairness
  • Irrationality
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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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Arbitration [2024] ScotCS CSOH_48

SMITH COGENERATION (BANGLADESH) PVT. LTD AGAINST BANGLADESH POWER DEVELOPMENT BOARD

SMITH COGENERATION (BANGLADESH) PVT. LTD AGAINST BANGLADESH POWER DEVELOPMENT BOARD [2024] ScotCS CSOH_48 (07 May 2024)

The Court of Session recalled decree in absence and allowed late defences in an action to enforce an arbitration award, finding Rule 19.2(5) was satisfied.

  • Enforcement of foreign arbitral awards
  • Recall of decree in absence
  • Jurisdiction
  • Time bar
  • Competency
  • Recall-of-decree-in-absence
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Tort/delict [2024] ScotCS CSOH_32

FIONA DROUET AND OTHERS AGAINST ANGUS MILLIGAN

FIONA DROUET AND OTHERS AGAINST ANGUS MILLIGAN [2024] ScotCS CSOH_32 (20 March 2024)

The Court of Session held most family claims time-barred for being raised too late, finding awareness of Emily Drouet’s impaired mental condition by 12 April 2016.

  • Time bar
  • Limitation period
  • Damages for wrongful death
  • Constructive knowledge
  • Prescription and limitation (scotland) act 1973
  • Damages (scotland) act 2011
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Construction law [2022] ScotCS CSOH_30

VAN OORD UK LTD AGAINST DRAGADOS UK LTD

VAN OORD UK LTD AGAINST DRAGADOS UK LTD [2022] ScotCS CSOH_30 (07 April 2022)

The Court of Session held that an adjudicator’s decision in a construction dispute was vitiated by natural justice because he used an uncanvassed baseline and critical date.

  • Adjudication enforcement
  • Natural justice
  • Time bar
  • Compensation events
  • Critical delay
  • Construction-law
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Administrative law [2022] ScotCS CSIH_18

APPEAL BY MARTIN GIBB AGAINST THE SCOTTISH MINISTERS

APPEAL BY MARTIN GIBB AGAINST THE SCOTTISH MINISTERS [2022] ScotCS CSIH_18 (29 March 2022)

The Court of Session refused an appeal against an enforcement notice decision, holding the reporter acted fairly, could rely on site observations, and was entitled to prefer the council’s evidence.

  • Enforcement notice
  • Change of use
  • Planning permission
  • Procedural fairness
  • Time bar
  • Evidentiary assessment
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Administrative law [2022] ScotCS CSIH_13

FOR PERMISSION TO APPEAL TO THE UNITED KINGDOM SUPREME COURT BY CHARLES O'NEILL AND WILLIAM LAUCHLAN AGAINST THE SCOTTISH MINISTERS

FOR PERMISSION TO APPEAL TO THE UNITED KINGDOM SUPREME COURT BY CHARLES O'NEILL AND WILLIAM LAUCHLAN AGAINST THE SCOTTISH MINISTERS [2022] ScotCS CSIH_13 (09 March 2022)

The Inner House refused permission to appeal to the UK Supreme Court, holding the proposed new grounds were not arguable and were raised too late.

  • Judicial review
  • Time bar
  • Statutory interpretation
  • Access to courts
  • Judicial-review
  • Time-bar
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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.