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Criminal law [2020] ScotHC HCJAC_48

SCOTTISH CRIMINAL CASES REVIEW COMMISSION REFERRAL IN APPEAL AGAINST SENTENCE BY MARK CONWAY AGAINST HER MAJESTY'S ADVOCATE

SCOTTISH CRIMINAL CASES REVIEW COMMISSION REFERRAL IN APPEAL AGAINST SENTENCE BY MARK CONWAY AGAINST HER MAJESTY'S ADVOCATE [2020] ScotHC HCJAC_48 (28 November 2020)

The court reduced Mark Conway’s fraud sentence after a SCCRC referral, holding that third-party repayments had limited mitigating weight but the original sentence was too high.

  • Fraud
  • Sentencing
  • Mitigation
  • Restitution
  • Breach of trust
  • Breach-of-trust
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Property law [2019] ScotCS CSOH_44

WILSON, ADELINE MARGARET AGAINST PETER WATKINS AND ANOTHER

WILSON, ADELINE MARGARET AGAINST PETER WATKINS AND ANOTHER [2019] ScotCS CSOH_44 (12 June 2019)

The Court of Session held that the pursuer’s pleadings were too vague to support reduction of a disposition and agreement for undue influence.

  • Undue influence
  • Reduction of deeds
  • Fiduciary relationships
  • Restitution
  • Counterclaim for enrichment
  • Undue-influence
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Contract law [2015] ScotCS CSOH_104

THE CETNRE FOR MARITIME AND INDUSTRIAL SAFETY TECHNOLOGY Ltd AGAINST INEOS MANUFACTURING SCOTLAND Ltd

THE CETNRE FOR MARITIME AND INDUSTRIAL SAFETY TECHNOLOGY Ltd AGAINST INEOS MANUFACTURING SCOTLAND Ltd [2015] ScotCS CSOH_104 (05 August 2015)

Court of Session decision on a training contract dispute, addressing disputed payments, early termination, and an unjust enrichment counterclaim.

  • Contract interpretation
  • Termination of contract
  • Rectification
  • Quantum meruit
  • Prescription
  • Restitution
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Contract law [2015] ScotCS CSOH_10A

Stork Technical Services (RBG) Ltd v Ross

Stork Technical Services (RBG) Ltd v Ross [2015] ScotCS CSOH_10A (3 February 2015)

The Court of Session held that the adjudication contract was with Knights Solicitors LLP, not Mr Ross personally, and granted absolvitor for the defender.

  • Adjudicator's liability
  • Restitution
  • Contractual parties
  • Failure of purpose
  • Mutuality of contract
  • Adjudication
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Delict [2010] ScotSC 12

Clelland v. Quinn Direct

Clelland v. Quinn Direct [2010] ScotSC 12 (22 October 2010)

Sheriff Stein held the pursuer could recover only spot-hire rates, but allowed full repair costs and the engineer’s fee after finding the repairs reasonable.

  • Credit hire
  • Mitigation of loss
  • Betterment
  • Impecuniosity
  • Vehicle repair
  • Restitution
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Civil procedure [2010] ScotSC 56

ROWAN TIMBER SUPPLIED (SCOTLAND) LIMITED v. SCOTTISH WATER BUSINESS STREAM LIMITED

ROWAN TIMBER SUPPLIED (SCOTLAND) LIMITED v. SCOTTISH WATER BUSINESS STREAM LIMITED [2010] ScotSC 56 (26 February 2010)

Appeal allowed in a Scottish prescription dispute over wrongly issued water and sewerage invoices. The court held section 6(4) could apply to induced ignorance of a claim.

  • Prescription and limitation
  • Restitution
  • Error induced by debtor
  • Unjustified enrichment
  • Interpretation of section 6(4) prescription and limitation (scotland) act 1973
  • Prescription-and-limitation
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Insolvency law [2008] ScotCS CSOH_134

Anderson v. Dickens

Anderson v. Dickens [2008] ScotCS CSOH_134 (10 September 2008)

The Court of Session granted summary decree on an unfair preference claim under section 243 of the Insolvency Act 1986, ordering repayment of £270,750.

  • Unfair preference
  • Liquidator's powers
  • Personal guarantee
  • Restitution
  • Section 243 insolvency act 1986
  • Challenge of transactions
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Civil law [2006] ScotSC 103

Smith v. Barclay

Smith v. Barclay [2006] ScotSC 103 (29 August 2006)

The sheriff held that the pursuer’s payments were not a loan, but gave rise to unjust enrichment after the planned lifelong accommodation did not materialise.

  • Unjust enrichment
  • Repetition
  • Condictio causa data causa non secuta
  • Requirements of writing
  • Contract of loan
  • Unjust-enrichment
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Contract law [2006] ScotCS CSOH_99

Mackays Stores Ltd v. Topward Ltd

Mackays Stores Ltd v. Topward Ltd [2006] ScotCS CSOH_99 (30 June 2006)

The Court of Session held that a broad jurisdiction clause covered a dispute over contractual discounts and alleged overpayment, rejecting a no-jurisdiction plea.

  • Jurisdiction clauses
  • Interpretation of contract terms
  • Restitution
  • Unjust enrichment
  • Jurisdiction-clauses
  • Contract-interpretation
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Succession law [2005] ScotSC 61

Walker v. Watson & Anor

Walker v. Watson & Anor [2005] ScotSC 61 (26 August 2005)

Sheriff Court decision on executors seeking accounting from a widow and her attorney over withdrawals from joint bank accounts and a pension.

  • Executors' rights
  • Joint bank accounts
  • Obligation to account
  • Presumption against donation
  • Mandate and agency
  • Restitution
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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.