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Scotland Case Law

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Civil procedure [2026] SCDUM 41

Marion Hamilton against Dryfe Vets LTD (Sheriff Court Civil)

Marion Hamilton against Dryfe Vets LTD (Sheriff Court Civil) [2026] SCDUM 41 (26 March 2026)

The sheriff refused the defender’s motion for expenses, holding that the pursuer’s failure to prove she was driving did not itself establish fraud or manifest unreasonableness.

  • Expenses (costs)
  • Fraudulent misrepresentation
  • Manifestly unreasonable conduct
  • Qualified one-way costs shifting (qocs)
  • Statutory interpretation
  • Expenses
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Civil procedure [2026] SCEDIN 22

Gordon Dunn against Menzies Distribution LTD (Sheriff Court Civil)

Gordon Dunn against Menzies Distribution LTD (Sheriff Court Civil) [2026] SCEDIN 22 (27 November 2025)

The court granted the defender’s motion after the pursuer abandoned the action and was found to have made fraudulent representations, disapplying QOCS and recalling anonymity.

  • Qualified one-way cost shifting (qocs)
  • Fraudulent representation
  • Abuse of process
  • Anonymity orders
  • Expenses (costs)
  • Certification of skilled witness
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Civil procedure [2024] CSOH 110

Imran Ahmad against the Lord Advocate (Court of Session)

Imran Ahmad against the Lord Advocate (Court of Session) [2024] CSOH 110 (18 December 2024)

The court allowed an additional fee only under the head of importance to the client, with a recommended uplift of no more than 10%.

  • Malicious prosecution
  • Expenses (costs)
  • Additional fee
  • Quantum of damages
  • Court discretion
  • Additional-fee
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Tort [2024] ScotCS CSIH_2

THOMAS AND GAIL CHALMERS AGAINST DIAGEO SCOTLAND LTD

THOMAS AND GAIL CHALMERS AGAINST DIAGEO SCOTLAND LTD [2024] ScotCS CSIH_2 (19 January 2024)

The Inner House refused a reclaiming motion in a nuisance case over alleged ethanol emissions from whisky warehouses causing Baudoinia growth and staining.

  • Environmental nuisance
  • Specification of pleadings
  • Causation
  • Damages
  • Expenses (costs)
  • Environmental-nuisance
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Civil procedure [2021] ScotCS CSOH_52

PETITION REVEREND DR WILLIAM JU PHILIP AND OTHERS AGAINST THE SCOTTISH MINISTERS AND OTHERS

PETITION REVEREND DR WILLIAM JU PHILIP AND OTHERS AGAINST THE SCOTTISH MINISTERS AND OTHERS [2021] ScotCS CSOH_52 (19 May 2021)

The court granted expenses, certified two skilled persons, and allowed a 50% additional charge after finding the case justified the increased responsibility.

  • Expenses (costs)
  • Certification of skilled persons
  • Additional charges
  • Judicial review procedure
  • Expenses
  • Judicial-review
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Family law [2020] ScotCS CSIH_66

APPEAL BY SCA AGAINST MMA

APPEAL BY SCA AGAINST MMA [2020] ScotCS CSIH_66 (27 October 2020)

The Inner House refused a reclaiming motion and cross-appeal in a divorce financial provision case, upholding the Lord Ordinary’s valuation, capital-sum terms, and expenses award.

  • Financial provision on divorce
  • Valuation of matrimonial property
  • Appeal procedure
  • Expenses (costs)
  • Family-law
  • Divorce-financial-provision
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Civil procedure [2018] ScotCS CSIH_43

PROSPECT HEALTHCARE (HAIRMYRES) LIMITED, RECLAIMING MOTION AGAINST KIER BUILD LIMITED

PROSPECT HEALTHCARE (HAIRMYRES) LIMITED, RECLAIMING MOTION AGAINST KIER BUILD LIMITED [2018] ScotCS CSIH_43 (19 June 2018)

The Inner House refused a reclaiming motion on expenses, holding the pursuers were not liable for a defender’s third-party expenses after abandonment.

  • Expenses (costs)
  • Third party procedure
  • Discretion in awarding costs
  • Abandonment of action
  • Expenses
  • Third-party-procedure
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Insurance law [2018] ScotCS CSIH_19

ECCLESIASTICAL INSURANCE OFFICE PLC AGAINST LADY IAM HAZEL VIRGINIA WHITEHOUSE-GRANT-CHRIST

ECCLESIASTICAL INSURANCE OFFICE PLC AGAINST LADY IAM HAZEL VIRGINIA WHITEHOUSE-GRANT-CHRIST [2018] ScotCS CSIH_19 (23 March 2018)

The Inner House granted dismissal of the abandoned principal action, managed expenses by hearing, and deferred further procedure in the continuing counterclaim.

  • Repudiation of insurance claim
  • Non-disclosure
  • Prescription and limitation
  • Counterclaim procedure
  • Expenses (costs)
  • Abandonment of action
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Civil procedure [2017] ScotCS CSIH_70

PROSPECT HEALTHCARE (HAIRMYRES) LTD, RECLAIMING MOTION AGAINST KIER BUILD LTD AND CARILLION CONSTRUCTION LTD

PROSPECT HEALTHCARE (HAIRMYRES) LTD, RECLAIMING MOTION AGAINST KIER BUILD LTD AND CARILLION CONSTRUCTION LTD [2017] ScotCS CSIH_70 (17 November 2017)

The Inner House held that a reclaiming motion could review an earlier expenses interlocutor only where it was linked to the final decree, but not where a party attacked its own unopposed motion.

  • Expenses (costs)
  • Competency of appeal
  • Third party proceedings
  • Abandonment of action
  • Civil-procedure
  • Expenses-costs
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Contract law [2017] ScotCS CSOH_112

PROSPECT HEALTHCARE (HAIRMYRES) LIMITED AGAINST KEIR BUILD LIMITED AND CARILLION CONSTRUCTION LIMITED

PROSPECT HEALTHCARE (HAIRMYRES) LIMITED AGAINST KEIR BUILD LIMITED AND CARILLION CONSTRUCTION LIMITED [2017] ScotCS CSOH_112 (29 August 2017)

The Court of Session refused to make the pursuer bear the defender’s liability for third-party expenses after abandonment of a commercial action.

  • Third party procedure
  • Expenses (costs)
  • Indemnity
  • Abandonment of action
  • Third-party-procedure
  • Expenses-costs
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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.