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Scotland decisions
Decisions matching the current search
Balraj Singh Binning v Davindar Binning (Court of Session) [2026] CSOH 33 (31 March 2026)
The Outer House sustained a res judicata plea, holding that a Scottish damages claim was barred by earlier Indian judgments on the same family agreement.
Julie and Tony Finegan against TUI UK LTD (Sheriff Appeal Court Civil) [2026] SACCIV 18 (26 February 2026)
The Sheriff Appeal Court dismissed an appeal challenging a simple procedure claim as barred by res judicata after prior ABTA arbitration.
London Property Services (Repair & Maintenance) LTD against Kilwarton LTD (Sheriff Appeal Court) [2025] SACCIV 8 (11 March 2025)
The Sheriff Appeal Court allowed an appeal and quashed a post-decree interlocutor awarding interest after final decree, holding the sheriff was functus officio.
Qutub Trading DMCC against Dalton Group LTD and others (Sheriff Court Civil) [2024] SCEDIN 42 (15 October 2024)
The sheriff held that an unchallenged decree in absence became final under OCR 7.5 and could found res judicata, excluding related averments from probation.
Reclaiming Motion in the cause Laura McCluskey against Scott Wilson Scotland Ltd (Court of Session) [2024] CSIH 26 (28 August 2024)
The Inner House upheld a res judicata plea in a Watling Street contamination claim, holding that the lead action had already determined the generic duty and breach issues.
LAURA McCLUSKEY AGAINST SCOTT WILSON SCOTLAND LIMITED [2024] ScotCS CSOH_4 (23 January 2024)
The court held that a lead case did not bar every issue in a later personal injury action, but restricted the action to new averments and a further alleged breach.
JOHN GLARE AGAINST CLYDESDALE BANK PLC [2023] ScotCS CSOH_67 (06 October 2023)
The Court of Session dismissed a reduction action against Clydesdale Bank, holding that alleged perjury about break costs did not justify reopening the earlier decree.
PETITION OF MARTIN WILSON FOR INTERDICT AND INTERDICT AD INTERIM [2021] ScotCS CSOH_58 (01 June 2021)
The Court of Session held that Martin Wilson's petition for interdict was barred by res judicata and refused the prayer of the petition.
APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 26 OF THE EXTRADITION ACT 2003 BY ILIA ILIEV [2021] ScotHC HCJAC_26 (31 March 2021)
Leave to appeal was refused in an extradition case. The court held that Romanian prison-condition concerns were met by specific assurances and that res judicata did not bar extradition.
APPEAL BY JAMIE FISHER AGAINST HMA [2022] ScotHC HCJAC_43 (19 March 2021)
The Appeal Court held that a docket could lawfully refer to conduct of which the accused had been acquitted, for evidential corroboration, and refused the appeal.
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