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Scotland Case Law

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Tort [2013] ScotCS CSOH_156

Allan v Amlin UK Ltd

Allan v Amlin UK Ltd [2013] ScotCS CSOH_156 (20 September 2013)

The Court of Session held that, absent proof of cheaper alternatives or extra benefits, the pursuer could recover the full credit hire charges incurred.

  • Credit hire charges
  • Mitigation of loss
  • Onus of proof
  • Personal injury damages
  • Credit-hire-charges
  • Mitigation-of-loss
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Tort [2013] ScotCS CSOH_104A

Medicina Ltd v Midlothian Council

Medicina Ltd v Midlothian Council [2013] ScotCS CSOH_104A (02 July 2013)

Court of Session case on whether credit hire charges were recoverable and whether the hire period and repair delay were relevant; proof before answer was allowed.

  • Credit hire charges
  • Mitigation of loss
  • Damages assessment
  • Impecuniosity
  • Relevancy of pleadings
  • Credit-hire
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Tort [2013] ScotCS CSOH_104

Medicina Ltd v Midlothian Council

Medicina Ltd v Midlothian Council [2013] ScotCS CSOH_104 (02 July 2013)

The Court of Session allowed a proof before answer in a credit-hire damages dispute, holding the claim should not be dismissed as irrelevant at debate.

  • Credit hire charges
  • Mitigation of loss
  • Damages assessment
  • Impecuniosity
  • Relevancy of pleadings
  • Credit-hire
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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.