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Scotland decisions
Decisions matching the current search
The court held that the first defender infringed one registered trade mark for a limited period, but rejected passing off, damages, and claims against the second defender.
The Upper Tribunal allowed the landlord’s appeal, holding that the First-tier Tribunal gave inadequate reasons on key disrepair findings and damages, and remitted the case for redetermination.
Joanna Cox against Optimax Clinics LTD and others (Sheriff Court Civil) [2026] SCGLA 43 (29 January 2026)
The sheriff held that a medical negligence claim about LASIK surgery was time barred under section 17(2)(b) of the Prescription and Limitation (Scotland) Act 1973.
Lorna McLean against Elderbridge Ltd (Court of Session) [2026] SCOH 4 (27 January 2026)
The court held that damages claims based on the original lender’s alleged secret commission did not transmit to the assignee, and excluded the pursuer’s third plea.
Donald Michie against Scott Hastie (Sheriff Court Civil) [2026] SCCAMP 27 (19 November 2025)
Sheriff Cameron held that a pedestrian servitude by prescription existed, but no vehicular servitude did. The defender was interdicted from vehicular access and ordered to pay reinstatement damages.
Muhammad Suleman against One Insurance LTD (Sheriff Court Civil) [2025] SCGLA 88 (10 October 2025)
The sheriff found a rear-end collision caused by the defender’s insured, awarded £1,750 solatium and £120 inspection costs, and reserved expenses.
George Robert Elliot and others against Andrew Snodgrass McCandlish (Sheriff Court Civil) [2025] SCKIL 92 (16 September 2025)
The sheriff allowed a nuisance case to proceed to proof before answer, but excluded several negligent and irrelevant averments from probation.
Madden against McEwan Fraser Legal and others (Sheriff Court Civil) [2025] SCEDIN 56 (05 September 2025)
Sheriff Thomson held that a firm of solicitors negligently failed to clearly warn purchasers that they might not obtain sole ownership of an access road.
Hillington Cash & Carry LTD against Shindo Kaur Kooner (Sheriff Appeal Court Civil) [2025] SACCIV 24 (03 September 2025)
The Sheriff Appeal Court largely upheld damages for breach of a roof-repair obligation, treating the claimant’s losses as wasted expenditure, but reduced the award by £1,200.
Ross Lamont against The Chief Constable, Police Scotland (National Personal Injury Court) [2025] SCEDIN 43 (01 August 2025)
A sheriff held Police Scotland vicariously liable for a constable’s excessive force when removing a pursuer’s hand from railings, awarding £12,000 for a finger fracture.
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