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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
  • Forum-non-conveniens
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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
  • Unlawful-means-conspiracy
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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.