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Succession law [2025] SCGLA 019

Jonathan Russell (as executor of the late Stuart Russell) & Irene Russell against Rebecca Russell (as executrix of the late Simon Russell) (Sheriff Court Civil)

Jonathan Russell (as executor of the late Stuart Russell) & Irene Russell against Rebecca Russell (as executrix of the late Simon Russell) (Sheriff Court Civil) [2025] SCGLA 019 (19 March 2025)

The sheriff held that a father’s £70,000 payment to his son was presumed a gift ex pietate, not a loan, and granted absolvitor for the defender.

  • Presumption of donation
  • Parental gifts
  • Loan vs gift
  • Onus of proof
  • Natural obligation
  • Repayment conditions
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Trusts [2015] ScotCS CSIH_96

ALEXANDER & Ors AS TRUSTEES OF THE SCOTTISH SOLICITORS STAFF PENSION FUND v PATTISON & SIM & Ors , AS SUCH PARTNERS AND AS INDIVIDUALS

ALEXANDER & Ors AS TRUSTEES OF THE SCOTTISH SOLICITORS STAFF PENSION FUND v PATTISON & SIM & Ors , AS SUCH PARTNERS AND AS INDIVIDUALS [2015] ScotCS CSIH_96 (30 December 2015)

The Inner House held that historic amendments to a pension fund’s rules were validly made, applying a presumption of regularity and refusing the reclaiming motion.

  • Amendment of pension scheme rules
  • Presumption of regularity
  • Onus of proof
  • Approbate and reprobate
  • Pensions
  • Trusts
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Tort [2013] ScotCS CSOH_156

Allan v Amlin UK Ltd

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.

  • Credit hire charges
  • Mitigation of loss
  • Onus of proof
  • Personal injury damages
  • Credit-hire-charges
  • Mitigation-of-loss
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Immigration [2013] ScotCS CSIH_74

ASM v Decision of the Upper Tribunal

ASM v Decision of the Upper Tribunal [2013] ScotCS CSIH_74 (16 July 2013)

The Inner House refused leave to appeal in an immigration deportation case, holding there was no real prospect of success on Article 8 and child-best-interests issues.

  • Deportation
  • Article 8 echr
  • Child's best interests
  • Sexual offences
  • Onus of proof
  • Article-8-privacy-family-life
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Administrative law [2012] ScotSC 77

THOMAS MELVILLE v. CITY OF GLASGOW LICENSING BOARD

THOMAS MELVILLE v. CITY OF GLASGOW LICENSING BOARD [2012] ScotSC 77 (10 July 2012)

The sheriff upheld a licensing appeal, recalling a one-week suspension after finding the Board gave inadequate reasons and failed to address material evidence.

  • Premises licence suspension
  • Licensing (scotland) act 2005
  • Procedural fairness
  • Adequacy of reasons
  • Onus of proof
  • Natural justice
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Criminal law [2011] ScotHC HCJAC_70

Singleton & Anor v HM Advocate

Singleton & Anor v HM Advocate [2011] ScotHC HCJAC_70 (08 July 2011)

Appeal court rejected challenges to jury directions on provocation in a murder conviction, holding any defects were not material and no miscarriage of justice occurred.

  • Murder
  • Culpable homicide
  • Provocation
  • Jury directions
  • Onus of proof
  • Miscarriage of justice
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Medical negligence [2011] ScotCS CSOH_63

McGlone v Greater Glasgow Health Board

McGlone v Greater Glasgow Health Board [2011] ScotCS CSOH_63 (06 April 2011)

Medical negligence action over missed cervical smear abnormalities. The court held the pursuer failed to prove that earlier diagnosis would have preserved fertility.

  • Causation
  • Onus of proof
  • Misinterpretation of medical tests
  • Loss of fertility
  • Medical-negligence
  • Cervical-screening
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Valuation [2006] ScotCS CSIH_50

B and Q Plc v. Dunbartonshire & Argyll & Bute Valuation Joint Board

B and Q Plc v. Dunbartonshire & Argyll & Bute Valuation Joint Board [2006] ScotCS CSIH_50 (24 October 2006)

The court refused B & Q plc’s appeal against a valuation of its Bishopbriggs retail warehouse, holding the assessor’s rate and quantum allowance were justified.

  • Rateable value
  • Valuation roll
  • Quantum allowance
  • Onus of proof
  • Valuation
  • Rateable-value
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Administrative law [2004] ScotCS 24

Calderwood v. Renfrewshire Council

Calderwood v. Renfrewshire Council [2004] ScotCS 24 (03 February 2004)

Court of Session held a licensing board gave adequate reasons for refusing a street trader licence renewal and lawfully relied on its policy.

  • Statutory discretion
  • Application of policy
  • Adequacy of reasons
  • Onus of proof
  • Street trading licensing
  • Licensing-law
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Contract law [2004] ScotCS 20

Citex Professional Services v. Kenmore Developments

Citex Professional Services v. Kenmore Developments [2004] ScotCS 20 (28 January 2004)

The Court of Session allowed proof before answer in a dispute over whether sums paid under an adjudication and court decree should be repaid, and held contributory negligence could be argued.

  • Adjudication
  • Onus of proof
  • Contributory negligence
  • Condictio indebiti
  • Breach of contract
  • Contractual indemnity
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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.