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Scotland Case Law

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Contract law [2025] SCLAN 94

Fiona Saleem against Janette Moffat Hyslop or MacFarlane (Sheriff Court Civil)

Fiona Saleem against Janette Moffat Hyslop or MacFarlane (Sheriff Court Civil) [2025] SCLAN 94 (04 December 2025)

A sheriff refused declarator of a property-transfer agreement but awarded Fiona Saleem £36,252.70 for unjustified enrichment from mortgage and bill payments.

  • Requirements of writing (scotland) act 1995
  • Personal bar
  • Consensus in idem
  • Unjustified enrichment
  • Family agreements
  • Heritable property
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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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Company law [2024] CSIH 18

DMWSHNZ LTD and others against Bank of Scotland Plc (Court of Session)

DMWSHNZ LTD and others against Bank of Scotland Plc (Court of Session) [2024] CSIH 18 (26 July 2024)

The Inner House held that pleadings alleging shadow directorship and unjustified enrichment against Bank of Scotland were relevant for proof and refused the reclaiming motion.

  • Shadow directorship
  • Fiduciary duties
  • Unjustified enrichment
  • Corporate governance
  • Tax avoidance schemes
  • Shadow-directorship
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Contract law [2023] ScotCS CSOH_77

THE SCOTTISH MINISTERS AGAINST SCOTLAND GAS NETWORKS PLC

THE SCOTTISH MINISTERS AGAINST SCOTLAND GAS NETWORKS PLC [2023] ScotCS CSOH_77 (07 November 2023)

The Court of Session allowed a proof before answer in a dispute over gas-works overpayments, finding arguable contract, prescription, and enrichment issues.

  • Prescription of obligations
  • Unjustified enrichment
  • Contract formation
  • Breach of contract
  • Compensation events
  • Contract-formation
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Property law [2021] ScotCS CSOH_124

PACCOR UK LTD AGAINST UNITED UK PROPCO 8 SARL

PACCOR UK LTD AGAINST UNITED UK PROPCO 8 SARL [2021] ScotCS CSOH_124 (14 December 2021)

The Court of Session allowed most of a commercial lease dispute to go to proof, while rejecting arguments on implied security terms, waiver, and notice formalities.

  • Lease obligations
  • Insurance
  • Rent abatement
  • Fixtures and fittings
  • Waiver
  • Unjustified enrichment
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Contract law [2021] ScotCS CSOH_82

WILLIAM LINDSAY AGAINST OUTLOOK FINANCE LTD

WILLIAM LINDSAY AGAINST OUTLOOK FINANCE LTD [2021] ScotCS CSOH_82 (12 August 2021)

Outer House judgment on facility, circumvention and lesion, misrepresentation, and unjustified enrichment arising from Outlook Finance dealings with the Lindsay family.

  • Facility, circumvention and lesion
  • Fraudulent misrepresentation
  • Reduction of deeds
  • Personal indemnities
  • Unjustified enrichment
  • Facility-circumvention-and-lesion
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Trusts and estates [2021] ScotCS CSOH_37

THE SHORE PORTERS' SOCIETY OF ABERDEEN AND OTHERS AGAINST BROWN AND OTHERS

THE SHORE PORTERS' SOCIETY OF ABERDEEN AND OTHERS AGAINST BROWN AND OTHERS [2021] ScotCS CSOH_37 (13 April 2021)

The Court of Session held that the Society’s pleadings were relevant for proof, including breach of trust, fiduciary duty, negligence and prescription issues.

  • Fiduciary duties of office-bearers
  • Breach of trust
  • Constructive trust
  • Negligence among members
  • Unjustified enrichment
  • Prescription and limitation of actions
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Commercial law [2021] ScotCS CSOH_7

GABRIEL POLITAKIS AGAINST JOHN WOOD GROUP PLC

GABRIEL POLITAKIS AGAINST JOHN WOOD GROUP PLC [2021] ScotCS CSOH_7 (26 January 2021)

The Court of Session dismissed a commercial action alleging liability for Scott/AMEC's debts, fraud in an arbitration, and entitlement to accounting and damages.

  • Corporate liability for subsidiaries
  • Arbitration award challenge
  • Prescription (limitation)
  • Fraud and bad faith allegations
  • Judicial review
  • Unjustified enrichment
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Trust law [2020] ScotCS CSOH_101

THE JOINT BANKRUPTCY TRUSTEES OF GREGORY KING AGAINST HUGH KING

THE JOINT BANKRUPTCY TRUSTEES OF GREGORY KING AGAINST HUGH KING [2020] ScotCS CSOH_101 (16 December 2020)

The Court of Session allowed a proof before answer in a dispute over alleged constructive trust, gratuitous receipt, and prescription involving funds used to buy Spanish property.

  • Constructive trusts
  • Knowing receipt
  • Gratuitous receipt
  • Fiduciary duty
  • Prescription (limitation of actions)
  • Tracing
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Contract law [2020] ScotCS CSOH_90

WILLIAM LINDSAY AGAINST OUTLOOK FINANCE LTD

WILLIAM LINDSAY AGAINST OUTLOOK FINANCE LTD [2020] ScotCS CSOH_90 (28 October 2020)

The Outer House held that William Lindsay’s pled case of facility, circumvention and lesion was relevant and should proceed to proof, rejecting challenges on restitutio and declarator.

  • Facility, circumvention and lesion
  • Reduction of deeds
  • Declarator
  • Restitutio in integrum
  • Unjustified enrichment
  • Facility-circumvention-and-lesion
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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.