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Civil procedure [2025] SCABE 27

Screwfix Direct LTD t/a Trade UK against the firm of Northdeko and others (Sheriff Court Civil)

Screwfix Direct LTD t/a Trade UK against the firm of Northdeko and others (Sheriff Court Civil) [2025] SCABE 27 (29 April 2025)

A sheriff held that the year-and-a-day rule for decree in absence applies separately to each non-appearing defender, refusing decree against two defenders and granting it against the third.

  • Decree in absence
  • Year and a day rule
  • Service of process
  • Joint and several liability
  • Decree-in-absence
  • Year-and-a-day-rule
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Contract law [2025] SCAIR 14

Andrew Robert Lang and Francine Montgomery Lang against Jamie Rowatt & Laura Rowatt (Sheriff Court Civil)

Andrew Robert Lang and Francine Montgomery Lang against Jamie Rowatt & Laura Rowatt (Sheriff Court Civil) [2025] SCAIR 14 (03 March 2025)

The sheriff held that the defenders and Kingston were bound by a single contract and its variations, and awarded the pursuers £270,000 plus interest.

  • Breach of contract
  • Joint and several liability
  • Damages
  • Interpretation of contracts
  • Variation of contract
  • Breach-of-contract
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Construction law [2024] ScotCS CSOH_43

LEONARDO HOTEL MANAGEMENT (UK) LTD AGAINST GALLIFORD TRY BUILDING 2014 LTD AND ANOTHER

LEONARDO HOTEL MANAGEMENT (UK) LTD AGAINST GALLIFORD TRY BUILDING 2014 LTD AND ANOTHER [2024] ScotCS CSOH_43 (19 April 2024)

Court of Session debate on prescription and specification in a cladding defects claim was allowed to proceed to proof before answer.

  • Prescription and limitation (scotland) act 1973
  • Collateral warranties
  • Building defects
  • Repairing obligations in leases
  • Specification of pleadings
  • Joint and several liability
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Medical negligence [2021] ScotCS CSOH_130

CAROLYN ALMOND-ROOTS AGAINST MUFTAH SALEM ELJAMEL AND ANOTHER

CAROLYN ALMOND-ROOTS AGAINST MUFTAH SALEM ELJAMEL AND ANOTHER [2021] ScotCS CSOH_130 (21 December 2021)

The court held that the first defender bore 100% of liability for the pursuer’s loss, while NHS Tayside’s admitted negligence was not causative of the neurological injury.

  • Apportionment of liability
  • Causation
  • Joint and several liability
  • Clinical negligence
  • Duty of care
  • Clinical-negligence
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Construction law [2021] ScotCS CSOH_115

GREATER GLASGOW HEALTH BOARD AGAINST MULTIPLEX CONSTRUCTION EUROPE LTD AND OTHERS

GREATER GLASGOW HEALTH BOARD AGAINST MULTIPLEX CONSTRUCTION EUROPE LTD AND OTHERS [2021] ScotCS CSOH_115 (05 November 2021)

The Outer House held that a construction dispute fell within NEC3 adjudication clauses, so the action was not incompetent and was sisted pending adjudication.

  • Adjudication clauses
  • Contractual bar
  • Joint and several liability
  • Prescription
  • Competency of proceedings
  • Construction-law
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Contract law [2021] ScotCS CSOH_98

SCOTTISHPOWER ENERGY RETAIL LTD AGAINST EQUORIUM PROPERTY COMPANY LTD

SCOTTISHPOWER ENERGY RETAIL LTD AGAINST EQUORIUM PROPERTY COMPANY LTD [2021] ScotCS CSOH_98 (01 October 2021)

The Court of Session held that a Letter of Variation amended a supply agreement so that the defender was no longer jointly and severally liable.

  • Contractual interpretation
  • Joint and several liability
  • Variation of contract
  • Contractual-interpretation
  • Joint-and-several-liability
  • Variation-of-contract
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Contract law [2020] ScotCS CSOH_96

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP AND OTHERS

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP AND OTHERS [2020] ScotCS CSOH_96 (27 November 2020)

The Court of Session held that a prior full and final settlement of the same loss made the new damages action incompetent, and dismissed the case.

  • Settlement agreements
  • Joint and several liability
  • Prescription and limitation
  • Damages for breach of fiduciary duty
  • Fraudulent misrepresentation
  • Professional negligence
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Insolvency [2020] ScotCS CSOH_9

DONALDA THERESA SWEENEY IN RELATION TO THE WINDING UP OF WEST LARKIN LTD

DONALDA THERESA SWEENEY IN RELATION TO THE WINDING UP OF WEST LARKIN LTD [2020] ScotCS CSOH_9 (14 January 2020)

The Court of Session held that a co-obligant who paid a joint and several judgment debt was entitled to an assignation under insolvency rules.

  • Assignation of debt
  • Rights of relief
  • Joint and several liability
  • Unjustified enrichment
  • Liquidation procedure
  • Insolvency
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European union law [2018] ScotCS CSOH_39

THE ADVOCATE GENERAL FOR SCOTLAND AGAINST (FIRST) JOHN GUNN AND SONS LIMITED AND (SECOND) JOHN GUNN AND SONS HOLDINGS LIMITED

THE ADVOCATE GENERAL FOR SCOTLAND AGAINST (FIRST) JOHN GUNN AND SONS LIMITED AND (SECOND) JOHN GUNN AND SONS HOLDINGS LIMITED [2018] ScotCS CSOH_39 (13 April 2018)

Court of Session held that unlawful Aggregates Levy state aid had to be recovered as the unpaid levy plus interest; human rights, unjust enrichment, and joint liability arguments failed.

  • State aid recovery
  • Aggregates levy
  • Unlawful exemptions
  • Human rights act 1998
  • Joint and several liability
  • Unjust enrichment
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Personal injury [2015] ScotCS CSOH_149

Docherty & Ors v Secretary of State for Business, Innovation and Skills & Anor

Docherty & Ors v Secretary of State for Business, Innovation and Skills & Anor [2015] ScotCS CSOH_149 (06 November 2015)

The Court of Session held that Scottish fatal-accident claims against an English employer were irrelevant where the alleged wrongdoing occurred in England.

  • Double actionability
  • Lex loci delicti
  • Joint and several liability
  • Statutory remedies for fatal accidents
  • Private-international-law
  • Fatal-accident-claims
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.