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Scotland decisions
Decisions matching the current search
APCOA PARKING (UK) LTD AGAINST CROSSLANDS PROPERTIES LTD [2021] ScotCS CSOH_77 (30 July 2021)
The Outer House refused APCOA Parking’s rescission claim over car park defects, holding the proven issues were not material enough to go to the root of the contract.
INCREMENTAL GROUP LTD AGAINST HIETA TECHNOLOGIES LTD [2021] ScotCS CSOH_13 (29 January 2021)
The Court of Session held that a software supplier was not in material breach of an ERP implementation contract, and the customer’s termination was unjustified.
DAVID MACBRAYNE LIMITED AGAINST ATOS IT SERVICES (UK) LIMITED [2018] ScotCS CSOH_32 (05 April 2018)
The Court of Session held that Atos materially breached an IT services contract by missing key milestones, and that David MacBrayne validly terminated for cause.
BURNSIDE AGAINST PROMONTORIA (CHESTNUT) LIMITED [2017] ScotCS CSOH_157 (28 December 2017)
The Court of Session held that a contract to arrange and facilitate sale of properties was subject to an implied term requiring performance within a reasonable time.
Glen Clyde Whisky Ltd v Campbell Meyer & Company Ltd [2015] ScotCS CSOH_97 (22 July 2015)
Commercial contract dispute over whisky supply, payment timing, and defective labels. The Court of Session found breach on both sides but held the defender could not withhold delivery across separate contracts.
DAVID MAGUIRE AGAINST 5PM LTD AND 6 OTHERS [2015] ScotSC 40 (01 June 2015)
Appeal dismissed in a dispute over expert valuation of shares. The court held the valuer’s departure from instructions was a material breach, allowing rescission.
MACROBERTS LLP AGAINST McCRINDLE GROUP Ltd [2014] ScotCS CSOH_99 (10 June 2014)
The court held that MacRoberts LLP had not materially breached its contract with McCrindle Group Limited and could claim its fees; the counterclaim was rejected.
Soccer Savings (Scotland) Ltd v Scottish Building Society [2013] ScotCS CSOH_51 (02 April 2013)
Lord Hodge held that Soccer Savings (Scotland) Ltd was in material breach of contract by misusing personal data, so Scottish Building Society could terminate.
East Dunbartonshire Council v Gladale (North Division) Ltd [2011] ScotCS CSOH_56 (24 March 2011)
The court held that time was not of the essence for Phase 3 vacant possession, so any failure by the Council was not a material breach entitling Gladedale to rescind.
Crieff Highland Gathering Ltd v Perth & Kinross Council [2010] ScotCS CSOH_67 (25 May 2010)
Court of Session decision on whether a lease of parkland was validly terminated for alleged breach of maintenance obligations and dilapidations notice.
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