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Scotland Case Law

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Intellectual property [2021] ScotCS CSOH_100

THE TOMATIN DISTILLERY COMPANY LTD AGAINST THE TOMATIN TRADING COMPANY

THE TOMATIN DISTILLERY COMPANY LTD AGAINST THE TOMATIN TRADING COMPANY [2021] ScotCS CSOH_100 (06 October 2021)

Trade mark dispute over use of “Tomatin Trading Company” near the Tomatin distillery, with claims of infringement, passing off, and invalidity.

  • Trademark infringement
  • Passing off
  • Trade mark validity
  • Bad faith registration
  • Geographical indication
  • Public policy
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Civil procedure [2020] ScotCS CSIH_7

RECLAIMING MOTION BY VINCENT MARTIN FRIEL AGAINST DR IAIN BROWN

RECLAIMING MOTION BY VINCENT MARTIN FRIEL AGAINST DR IAIN BROWN [2020] ScotCS CSIH_7 (20 February 2020)

The Inner House held that a medical-negligence claim by a convicted driver was an impermissible collateral attack on his conviction and dismissed the action.

  • Abuse of process
  • Collateral attack on conviction
  • Effect of criminal conviction in civil proceedings
  • Public policy
  • Section 10 law reform (miscellaneous provisions) (scotland) act 1968
  • Abuse-of-process
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Administrative law [2019] ScotCS CSOH_53

BD FOR JUDICIAL REVIEW OF A DECISION OF THE CHIEF EXECUTIVE, SCOTTISH POLICE AUTHORITY

BD FOR JUDICIAL REVIEW OF A DECISION OF THE CHIEF EXECUTIVE, SCOTTISH POLICE AUTHORITY [2019] ScotCS CSOH_53 (09 July 2019)

The Court of Session upheld a police officer’s challenge to a refusal of medical retirement pending misconduct proceedings.

  • Judicial review
  • Police pension
  • Misconduct proceedings
  • Disability retirement
  • Public policy
  • Discretionary decision-making
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Tort [2017] ScotCS CSOH_42

D Geddes (Contractors) Ltd v Neil Johnson Health & Safety Services Ltd

D Geddes (Contractors) Ltd v Neil Johnson Health & Safety Services Ltd [2017] ScotCS CSOH_42 (14 March 2017)

A Scottish Court of Session case on whether a quarry operator can recover a criminal fine from a health and safety adviser under ex turpi causa.

  • Ex turpi causa
  • Strict liability
  • Professional negligence
  • Recoverability of criminal penalties
  • Public policy
  • Ex-turpi-causa
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Landlord and tenant [2015] ScotSC 13

SAMS OMALE AGAINST ARMANDO RODRIGUEZ BARCENAS

SAMS OMALE AGAINST ARMANDO RODRIGUEZ BARCENAS [2015] ScotSC 13 (20 February 2015)

Sheriff Court decision on a tenancy deposit dispute: the landlord failed to use an approved scheme, could keep ÂŁ84 rent arrears, and had to pay the tenant ÂŁ416.

  • Tenancy deposit schemes
  • Short assured tenancy
  • Jurisdiction
  • Contractual obligations
  • Public policy
  • Tenancy-deposit-schemes
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Tort [2013] ScotCS CSOH_168

McLaughlin (Opinion No. 2) v Morrison & Anor

McLaughlin (Opinion No. 2) v Morrison & Anor [2013] ScotCS CSOH_168 (25 October 2013)

The Court of Session granted summary decree against the insurer, rejecting an ex turpi causa defence on the material before it and ordering an interim payment issue to proceed.

  • Ex turpi causa non oritur actio
  • Summary decree
  • Duty of care
  • Public policy
  • Causation
  • Interim payment
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Tort [2013] ScotCS CSOH_163

McLaughlin v Morrison & Anor

McLaughlin v Morrison & Anor [2013] ScotCS CSOH_163 (16 October 2013)

The Court of Session refused to resolve an ex turpi causa defence on summary decree, holding that factual issues about the pursuer’s alleged criminal conduct required proof.

  • Ex turpi causa non oritur actio
  • Summary decree
  • Public policy
  • Causation
  • Duty of care
  • Ex-turpi-causa
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Private international law [2013] ScotCS CSOH_162

Service Temps Inc v MacLeod & Anor

Service Temps Inc v MacLeod & Anor [2013] ScotCS CSOH_162 (09 October 2013)

The Court of Session refused enforcement of a Texas judgment, holding the Scottish action barred by section 5 of the Protection of Trading Interests Act 1980.

  • Submission to jurisdiction
  • Multiple damages
  • Protection of trading interests act 1980
  • Public policy
  • Human rights
  • Foreign-judgment-enforcement
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Immigration law [2013] ScotCS CSOH_84

Khan, Re Judcial Review

Khan, Re Judcial Review [2013] ScotCS CSOH_84 (29 May 2013)

Judicial review of an Upper Tribunal refusal to admit an appeal against EEA deportation was refused. The court found no compelling reason or material error of law.

  • Deportation
  • Eea regulations
  • Proportionality
  • Public policy
  • Rehabilitation
  • Judicial review
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Tort [2004] ScotCS 221

Karling v Purdue

Karling v Purdue [2004] ScotCS 221 (29 September 2004)

Court of Session held that a defence expert instructed in ongoing criminal proceedings was immune from suit for alleged negligent report and advice.

  • Expert witness immunity
  • Negligence
  • Breach of contract
  • Damages
  • Public policy
  • Expert-witness-immunity
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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.