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Scotland Case Law

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Civil procedure [2026] SCAIR 37

Leonard Samuel Parker Simpson and Suzanne Louise Simpson against Scottish Water (Sheriff Court Civil)

Leonard Samuel Parker Simpson and Suzanne Louise Simpson against Scottish Water (Sheriff Court Civil) [2026] SCAIR 37 (25 March 2026)

The sheriff held that a nuisance action over sewage escaping onto the pursuers’ property was competent, refused the defender’s competency plea, and sent the case to proof before answer.

  • Nuisance
  • Statutory duties of water authorities
  • Competency of action
  • Relevancy and specification of pleadings
  • Remedies for nuisance
  • Water-authorities
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Professional negligence [2018] ScotCS CSOH_64

HAMID KHOWROWPOUR (AP) AGAINST JAMES STEWART TAYLOR

HAMID KHOWROWPOUR (AP) AGAINST JAMES STEWART TAYLOR [2018] ScotCS CSOH_64 (15 June 2018)

A Scottish professional negligence and breach of contract claim was dismissed as prescribed, with the court holding loss occurred when the pursuer paid £8,000 in 1989.

  • Solicitor's duty of care
  • Partnership liability
  • Prescription of obligations
  • Competency of action
  • Damages for breach of contract
  • Professional-negligence
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Civil procedure [2015] ScotSC 48

MACALLANS, SHEENA DIANE ADAM AND IAIN GRANT AGAINST W BURRELL HOMES Ltd

MACALLANS, SHEENA DIANE ADAM AND IAIN GRANT AGAINST W BURRELL HOMES Ltd [2015] ScotSC 48 (23 June 2015)

Sheriff Reid held that a solicitor holding company sale proceeds could raise multiplepoinding where directors were deadlocked over release of the fund.

  • Multiplepoinding
  • Competency of action
  • Trustee discharge
  • Competing claims to funds
  • Directors' deadlock
  • Competency-of-action
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Succession law [2014] ScotSC 44

JOHN MCFADYEN v. ROCHELLE MCGHEE

JOHN MCFADYEN v. ROCHELLE MCGHEE [2014] ScotSC 44 (30 April 2014)

Sheriff Principal Lockhart refused an appeal in a summary cause about recovery of heritable property, holding a competency hearing could be fixed after discovery of a will.

  • Executor dative
  • Competency of action
  • Will and testament
  • Title to sue
  • Summary cause procedure
  • Executor-dative
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Competition law [2004] ScotCS 93

WM Fotheringham & Son v. The British Limousin Cattle Society Ltd

WM Fotheringham & Son v. The British Limousin Cattle Society Ltd [2004] ScotCS 93 (08 April 2004)

The Court of Session held that a competition-law damages action against the British Limousin Cattle Society was competent and not a disguised judicial-review challenge.

  • Abuse of dominant position
  • Competency of action
  • Supervisory jurisdiction
  • Judicial review
  • Reparation for economic loss
  • Competition-law
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Property law [2000] ScotCS 27

Creston Land & Estates Plc v Brown

Creston Land & Estates Plc v Brown [2000] ScotCS 27 (1 February 2000)

The Court of Session held that a declarator was necessary to the pursuers’ claim, so the action was competent as an ordinary action and was sent to proof.

  • Lease versus licence
  • Agricultural holdings
  • Notice to quit
  • Competency of action
  • Summary cause procedure
  • Competency-of-action
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Property law [1999] ScotCS 291

Clydesdale Bank Plc v Mowbray

Clydesdale Bank Plc v Mowbray [1999] ScotCS 291 (7 December 1999)

The Court of Session refused a reclaiming motion in a dispute over recovery of expenses under standard securities, leaving a proof before answer to determine the claim.

  • Standard security
  • Recovery of expenses
  • Agent and client expenses
  • Party and party expenses
  • Competency of action
  • Standard-security
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Contract law [1954] ScotCS CSOH_7

Smith v Sim

Smith v Sim [1954] ScotCS CSOH_7 (25 May 1954)

The court held that a pursuer may sue for damages for fraudulent misrepresentation without rescinding the contract first under Scots law.

  • Fraudulent misrepresentation
  • Damages
  • Rescission
  • Competency of action
  • Fraudulent-misrepresentation
  • Contract-law
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Family law [1945] ScotCS CSIH_1

F v F

F v F [1945] ScotCS CSIH_1 (23 February 1945)

The Inner House held that an impotent spouse has title and interest to seek declarator of nullity of marriage based on his or her own impotency.

  • Nullity of marriage
  • Impotency
  • Competency of action
  • Family-law
  • Nullity-of-marriage
  • Title-and-interest
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Landlord and tenant [1924] ScotLR 555

Duke of Argyll v. Campbeltown Coal Co., Ltd

Duke of Argyll v. Campbeltown Coal Co., Ltd [1924] ScotLR 555 (27 June 1924)

The Court of Session held that an action of removing based on conventional irritancy was competent without declaratory conclusions on these facts.

  • Lease irritancy
  • Removing (eviction)
  • Declaratory conclusions
  • Competency of action
  • Conventional irritancy
  • Lease-irritancy
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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.

Source links and collection timestamps are retained alongside the indexed records.