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Scotland Case Law

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Partnership law [2013] ScotCS CSOH_155

Dyce v Fairgrieve & Anor

Dyce v Fairgrieve & Anor [2013] ScotCS CSOH_155 (17 September 2013)

The Court of Session held that an outgoing partner was entitled only to simple interest at 5% under section 42(1) of the Partnership Act 1890.

  • Outgoing partner's entitlement
  • Interest on partnership share
  • Application of partnership act 1890
  • Simple vs compound interest
  • Partnership-law
  • Interest
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Civil litigation [2012] ScotSC 91

JOHN DAVID McIRVINE v. JOHN ALEXANDER McIRVINE

JOHN DAVID McIRVINE v. JOHN ALEXANDER McIRVINE [2012] ScotSC 91 (12 September 2012)

The sheriff awarded the pursuer £300,000, with interest and expenses, after broadly assessing loss caused by the defender’s failure to account for business funds.

  • Accounting
  • Damages
  • Expenses
  • Interest
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Tort [2009] ScotSC 81

DARREL SMEATON v. WENDY ELIZABETH DUNCAN

DARREL SMEATON v. WENDY ELIZABETH DUNCAN [2009] ScotSC 81 (10 March 2009)

A sheriff held the defender negligent in a motorcycle-road collision, preferred the pursuer’s evidence, rejected contributory negligence, and awarded £3,835.56 plus interest.

  • Negligence
  • Duty of care
  • Standard of care
  • Liability
  • Damages
  • Interest
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Tort [2005] ScotSC 83

Buchan v. TNT (UK) Ltd

Buchan v. TNT (UK) Ltd [2005] ScotSC 83 (07 November 2005)

Road traffic personal injury claim. The sheriff found the pursuer’s ongoing whiplash symptoms were caused by the accident and awarded £5,441.65 plus interest.

  • Negligence
  • Vicarious liability
  • Damages
  • Quantum
  • Solatium
  • Interest
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Contract law [1999] ScotCS 311

The Bank Of Scotland v. Dunedin Property Investment Company Ltd

The Bank Of Scotland v. Dunedin Property Investment Company Ltd [1999] ScotCS 311 (08 June 1999)

The Court of Session held that breakage costs formed part of the price for early redemption, so interest ran until redemption was completed. No implied term gave interest from the interim agreement date.

  • Loan agreements
  • Early redemption
  • Breakage costs
  • Interest entitlement
  • Implied terms
  • Loan-agreements
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Civil procedure [1914] ScotLR 499

Martin v. M'Ghee and Others

Martin v. M'Ghee and Others [1914] ScotLR 499 (27 March 1914)

The Court of Session held that a deceased pursuer’s executrix-dative could not insist in an action based on an intransmissible right, and dismissed the case without expenses.

  • Title to sue
  • Interest
  • Transmission of rights
  • Expenses
  • Civil-procedure
  • Title-to-sue
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Date unavailable
Family law [2001] ScotSC 3

ELIZABETH McLAUGHLIN v. MICHAEL McLAUGHLIN

ELIZABETH McLAUGHLIN v. MICHAEL McLAUGHLIN [2001] ScotSC 3 (30th January, 2001)

The court found the marriage had broken down irretrievably and that, applying section 9(1)(a) and section 10(1) of the Family Law (Scotland) Act 1985, fair sharing of matrimonial property was justified. Special circumstances existed due to the pursuer's exclusive occupation of the home, the defender's disproportionate post-separation contributions, and the pursuer's lack of contribution since 1998. The court ordered transfer of the pursuer's interest in the property to the defender and payment of a capital sum to the pursuer, with specified interest, as a fair and reasonable resolution.

  • Divorce
  • Matrimonial property
  • Financial provision
  • Property transfer
  • Capital sum
  • Interest
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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.