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Scotland decisions
Decisions matching the current search
MG CONSTRUCTION LTD AGAINST AGD EQUIPMENT LTD [2020] ScotCS CSOH_72 (14 July 2020)
The Court of Session held that M G Construction failed to prove a defective weld was present at delivery, so its Sale of Goods Act claim failed.
GATSBY RETAIL LTD AGAINST THE EDINBURGH WOOLLEN MILL LTD [2019] ScotCS CSOH_49 (28 June 2019)
A landlord’s dilapidations claim was held relevant despite a payment made to an incoming tenant under missives and a lease. Only unrelated correspondence averments were excluded.
PEEBLES & Anor v REMBRAND BUILDERS MERCHANTS Ltd [2017] ScotSC 28 (18 April 2017)
The sheriff held roof tiles were not of satisfactory quality under section 14, but replacement costs were unreasonable; £1,500 was awarded for inconvenience.
Brits v Kilcoyne & Co [2017] ScotCS CSOH_24 (16 February 2017)
The Outer House held that the defenders’ averments on waiver were irrelevant, because they pled only an extra-judicial statement, not an unequivocal waiver.
Nolan v Advance Construction Scotland Ltd [2014] ScotCS CSOH_4 (17 January 2014)
The Court of Session held that the pursuer failed to mitigate loss after unlawful spoil was dumped on his land, limiting recovery to re-profiling costs.
Allan v Amlin UK Ltd [2013] ScotCS CSOH_156 (20 September 2013)
The Court of Session held that, absent proof of cheaper alternatives or extra benefits, the pursuer could recover the full credit hire charges incurred.
MARIE BROWN v. AXA CORPORATE SOLUTION SERVICES UK LTD [2013] ScotSC 51 (01 August 2013)
The sheriff dismissed a credit-hire damages claim arising from a road accident, holding that the pursuer failed to prove recoverable loss, mitigation, or any diminution in value.
Manorgate Ltd v First Scottish Property Services Ltd [2013] ScotCS CSOH_108 (04 July 2013)
The court held that a negligent property search caused Manorgate’s losses after it bought a site with undisclosed archaeological significance.
Medicina Ltd v Midlothian Council [2013] ScotCS CSOH_104A (02 July 2013)
Court of Session case on whether credit hire charges were recoverable and whether the hire period and repair delay were relevant; proof before answer was allowed.
Medicina Ltd v Midlothian Council [2013] ScotCS CSOH_104 (02 July 2013)
The Court of Session allowed a proof before answer in a credit-hire damages dispute, holding the claim should not be dismissed as irrelevant at debate.
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