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Scotland Case Law

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Civil procedure [2005] ScotCS CSOH_90

O'connor & Anor v. Bullimore Underwriting Agency Ltd (t/a The Leisure Consortium At Lloyds)

O'connor & Anor v. Bullimore Underwriting Agency Ltd (t/a The Leisure Consortium At Lloyds) [2005] ScotCS CSOH_90 (08 July 2005)

The Court of Session refused a motion to hold third-party insurers’ brokers liable for expenses, finding they were not dominus litis and lacked control of the action.

  • Dominus litis
  • Third party funding
  • Liability for expenses
  • Insurance indemnity
  • Dominus-litis
  • Third-party-funding
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Civil procedure [1914] ScotLR 395

Harvey v. Glasgow Corporation

Harvey v. Glasgow Corporation [1914] ScotLR 395 (11 March 1914)

The Court of Session held Glasgow Corporation liable for expenses as dominus litis after it assumed control of police constables’ defence under the Glasgow Police Act 1866.

  • Dominus litis
  • Liability for expenses
  • Municipal liability
  • Police actions
  • Statutory interpretation
  • Dominus-litis
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Tort [1905] ScotLR 43_646

Morrison v. Waters & Co. and Another

Morrison v. Waters & Co. and Another [1905] ScotLR 43_646 (05 June 1905)

The court held Waters & Company liable for the successful defender Murphy’s expenses, because their own repudiation of liability brought him into the action.

  • Liability for expenses
  • Joint and several liability
  • Wrongful death
  • Expenses
  • Multiple-defenders
  • Civil-procedure
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Civil procedure [1903] ScotLR 40_460

Schmidt v. Caledonian Railway Co.

Schmidt v. Caledonian Railway Co. [1903] ScotLR 40_460 (10 March 1903)

A married woman lost her personal injury action, and the Court held that her husband was jointly and severally liable with her for the defenders’ expenses.

  • Liability for expenses
  • Joint and several liability
  • Actions by married women
  • Personal injury
  • Husband and wife litigation
  • Expenses
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Property law [1902] ScotLR 39_724

Macdonald's Trustee v. Somerville

Macdonald's Trustee v. Somerville [1902] ScotLR 39_724 (13 June 1902)

The Court of Session held that a property owner was not liable for expenses of defending a tenant’s interdict action against demolition works under section 166.

  • Liability for expenses
  • Demolition of ruinous buildings
  • Interpretation of statutory obligations
  • Property-law
  • Municipal-law
  • Statutory-interpretation
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Civil procedure [1901] ScotLR 39_31

Picken v. Caledonian Railway Co.

Picken v. Caledonian Railway Co. [1901] ScotLR 39_31 (26 October 1901)

The Court held that a husband who actively supported his wife’s unsuccessful personal injury action could be made jointly liable in expenses with her.

  • Liability for expenses
  • Husband and wife
  • Active participation in litigation
  • Liability-for-expenses
  • Husband-and-wife
  • Civil-procedure
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Civil procedure [1901] ScotLR 38_443

Maxwell v. Young

Maxwell v. Young [1901] ScotLR 38_443 (07 March 1901)

The Court held the husband liable in expenses after a failed personal injury claim brought by his wife, because he actively supported the litigation and identified with her case.

  • Liability for expenses
  • Husband and wife
  • Personal injury
  • Representative litigation
  • Liability-for-expenses
  • Husband-and-wife
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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.