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Scotland Case Law

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Civil procedure [2017] ScotCS CSOH_131

BVBA BVBA, PETITION OF v CLAIRE GILES

BVBA BVBA, PETITION OF v CLAIRE GILES [2017] ScotCS CSOH_131 (20 October 2017)

The Court of Session recalled registration of a Belgian judgment, holding that repeal of Rule 62.28 left no procedural basis and no inherent power to create one.

  • Registration of foreign judgments
  • Jurisdiction
  • Enforcement of eu judgments
  • Inherent jurisdiction
  • Procedural lacunae
  • Registration-of-foreign-judgments
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Civil procedure [2011] ScotCS CSOH_195

Glynhill Hotel Ltd v Dundas & Wilson

Glynhill Hotel Ltd v Dundas & Wilson [2011] ScotCS CSOH_195 (8 November 2011)

The Court of Session refused a lawyer's request to intervene in a negligence action, holding the pleadings did not directly raise his professional reputation.

  • Intervention by third parties
  • Professional reputation
  • Article 6 echr
  • Inherent jurisdiction
  • Collateral issues in litigation
  • Civil-procedure
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Civil procedure [2008] ScotCS CSIH_66

Moore v The Scottish Daily Record And Sunday Mail Ltd

Moore v The Scottish Daily Record And Sunday Mail Ltd [2008] ScotCS CSIH_66 (09 December 2008)

The Inner House held that it had no power to order payment of court fees to the Scottish Court Service after a late settlement, and overruled Billig.

  • Court fees
  • Inherent jurisdiction
  • Abuse of process
  • Expenses
  • Late settlement
  • Court-fees
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Family law [2005] ScotSC 55

Lindsay v. Rattray

Lindsay v. Rattray [2005] ScotSC 55 (05 August 2005)

Appeal in a divorce financial provision case. The Sheriff Principal recalled refusal of an extension, invoking inherent jurisdiction to avoid injustice and remit the matter back to the Sheriff.

  • Divorce
  • Financial provision on divorce
  • Capital sum orders
  • Court jurisdiction
  • Inherent jurisdiction
  • Family-law
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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.