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Scotland Case Law

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Civil-procedure [2024] CSOH 95

Roche Diagnostics Ltd against Greater Glasgow Health Board and another (Court of Session)

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.

  • Waiver-of-privilege
  • Without-prejudice-privilege
  • Document-recovery
  • Unlawful-means-conspiracy
  • Relevancy-of-pleadings
  • Privilege-waiver
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Civil-procedure [2024] CSOH 86

MEX Group Worldwide LTD against Stewart Owen Ford & Others (Court of Session)

MEX Group Worldwide LTD against Stewart Owen Ford & Others (Court of Session) [2024] CSOH 86 (12 September 2024)

The court upheld jurisdiction over non-Scottish defenders in an alleged conspiracy claim, rejected forum non conveniens, and enforced a prorogation clause for Deed-based disputes.

  • Jurisdiction
  • Forum-non-conveniens
  • Prorogation-agreements
  • Unlawful-means-conspiracy
  • Choice-of-law
  • Prorogation-clause
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Public-procurement [2024] ScotCS CSOH_55

ROCHE DIAGNOSTICS LTD AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER

ROCHE DIAGNOSTICS LTD AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER [2024] ScotCS CSOH_55 (05 June 2024)

The Court of Session refused relevancy challenges to pleadings alleging unlawful means conspiracy and causing loss by unlawful means in a procurement dispute.

  • Unlawful-means-conspiracy
  • Causing-loss-by-unlawful-means
  • Breach-of-statutory-duty
  • Anticipatory-breach-of-contract
  • Contract-modification
  • Tender-process
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Civil-procedure [2024] ScotCS CSOH_51

MEX GROUP WORLDWIDE LTD AGAINST STEWART OWEN FORD AND OTHERS

MEX GROUP WORLDWIDE LTD AGAINST STEWART OWEN FORD AND OTHERS [2024] ScotCS CSOH_51 (17 May 2024)

The Court of Session refused to recall an ex parte section 1 order for a dawn raid, holding that the petitioner had shown an intelligible prima facie case.

  • Ex-parte-orders
  • Full-and-frank-disclosure
  • Anton-piller-orders
  • Unlawful-means-conspiracy
  • Breach-of-contract
  • Recovery-of-documents
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Commercial-law [2024] ScotCS CSOH_28

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP & OTHERS

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP & OTHERS [2024] ScotCS CSOH_28 (08 March 2024)

A Scottish commercial action over a private equity transaction was dismissed after the court found no proved unlawful conspiracy, fraud, or dishonest assistance.

  • Unlawful-means-conspiracy
  • Fraud
  • Accessory-liability
  • Dishonest-assistance
  • Breach-of-fiduciary-duty
  • Conflict-of-interest
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Commercial-law [2023] ScotCS CSOH_29

MORAY OFFSHORE RENEWABLE POWER LIMITED AGAINST BLUEFLOAT ENERGY UK HOLDINGS LIMITED

MORAY OFFSHORE RENEWABLE POWER LIMITED AGAINST BLUEFLOAT ENERGY UK HOLDINGS LIMITED [2023] ScotCS CSOH_29 (09 May 2023)

Debate on relevancy in a ScotWind commercial action alleging unlawful means conspiracy and causing loss by unlawful means was allowed to proceed to proof before answer.

  • Unlawful-means-conspiracy
  • Causing-loss-by-unlawful-means
  • Misrepresentation
  • Breach-of-contract
  • Competitive-tendering
  • Scottish-court-of-session
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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.