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Scotland Case Law

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Private international law [2026] CSIH 7

Papel Payment Services Provider LLC against Monitox LTD (Court of Session)

Papel Payment Services Provider LLC against Monitox LTD (Court of Session) [2026] CSIH 7 (06 February 2026)

The Inner House allowed enforcement of a Dubai payment order, holding that Monitox had sufficient notice and no breach of natural justice arose.

  • Recognition and enforcement of foreign judgments
  • Natural justice
  • Service of process
  • Translation of legal documents
  • Contractual jurisdiction clauses
  • Recognition-and-enforcement-of-foreign-judgments
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Civil procedure [2025] SCABE 27

Screwfix Direct LTD t/a Trade UK against the firm of Northdeko and others (Sheriff Court Civil)

Screwfix Direct LTD t/a Trade UK against the firm of Northdeko and others (Sheriff Court Civil) [2025] SCABE 27 (29 April 2025)

A sheriff held that the year-and-a-day rule for decree in absence applies separately to each non-appearing defender, refusing decree against two defenders and granting it against the third.

  • Decree in absence
  • Year and a day rule
  • Service of process
  • Joint and several liability
  • Decree-in-absence
  • Year-and-a-day-rule
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Family law [2024] ScotCS CSOH_7

MAURICE YOUSEFF FAWAZ AGAINST ELAINE PATRICIA HARGREAVES OR FAWAZ

MAURICE YOUSEFF FAWAZ AGAINST ELAINE PATRICIA HARGREAVES OR FAWAZ [2024] ScotCS CSOH_7 (30 January 2024)

The Outer House dismissed a reduction action against a divorce decree, holding the pursuer’s pleadings lacked essential specification and did not explain delay.

  • Reduction of decree
  • Divorce
  • Service of process
  • Delay in proceedings
  • Interim suspension
  • Reduction-of-decree
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Civil procedure [2023] ScotCS CSIH_43

CABOT FINANCIAL (UK) LTD AGAINST RYAN BELL

CABOT FINANCIAL (UK) LTD AGAINST RYAN BELL [2023] ScotCS CSIH_43 (22 November 2023)

The Inner House held that proof of recorded-delivery posting and Form 6C were enough for formal service under Simple Procedure; Track and Trace proof was not required.

  • Service of process
  • Simple procedure rules
  • Presumption of service
  • Postal service requirements
  • Simple-procedure
  • Service-of-process
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Private international law [2018] ScotCS CSOH_94

ZIGAL AGAINST GORDON BUCHANAN

ZIGAL AGAINST GORDON BUCHANAN [2018] ScotCS CSOH_94 (18 September 2018)

The Court of Session granted decree conform to enforce a Hong Kong default judgment, rejecting challenges to service, jurisdiction, and public policy.

  • Recognition and enforcement of foreign judgments
  • Jurisdiction
  • Service of process
  • Public policy exception
  • Recognition-and-enforcement-of-foreign-judgments
  • Service-of-process
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Civil procedure [2018] ScotCS CSIH_46

TARMAC TRADING LIMITED AGAINST MARJORY GRAHAM DARE SIMPSON OR HAMILTON AS THE EXECUTRIX OF THE LATE ROBERT SCOTT HAMILTON

TARMAC TRADING LIMITED AGAINST MARJORY GRAHAM DARE SIMPSON OR HAMILTON AS THE EXECUTRIX OF THE LATE ROBERT SCOTT HAMILTON [2018] ScotCS CSIH_46 (04 July 2018)

The Inner House held that an unsigned citation form could be relieved under rule 2.1, allowing the action to proceed despite the service defect.

  • Service of process
  • Dispensing power
  • Citation validity
  • Prescription
  • Service-of-process
  • Dispensing-power
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Civil procedure [2017] ScotCS CSOH_146

TARMAC TRADING LIMITED AGAINST MRS MARJORY GRAHAM DARE SIMPSON OR HAMILTON AS EXECUTRIX OF THE LATE ROBERT SCOTT HAMILTON

TARMAC TRADING LIMITED AGAINST MRS MARJORY GRAHAM DARE SIMPSON OR HAMILTON AS EXECUTRIX OF THE LATE ROBERT SCOTT HAMILTON [2017] ScotCS CSOH_146 (05 December 2017)

The Court of Session held that an unsigned Form 13.7 citation was a nullity under the Citation Act 1592, and Rule 2.1 could not cure that statutory defect.

  • Service of process
  • Validity of citation
  • Court of session rules
  • Statutory compliance
  • Dispensing power of court
  • Service-of-process
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Family law [2017] ScotSC 39

AF AGAINST AF

AF AGAINST AF [2017] ScotSC 39 (06 July 2017)

The sheriff refused to recognise a Pakistani divorce decree, holding that the defender failed to give the pursuer effective notice of the Islamabad proceedings.

  • Recognition of foreign divorce
  • Service of process
  • Section 51 family law act 1986
  • Recognition-of-foreign-divorce
  • Family-law-act-1986
  • Service-of-process
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Family law [2017] ScotSC 19

KAREN BOZAK AGAINST MARK SCULLY

KAREN BOZAK AGAINST MARK SCULLY [2017] ScotSC 19 (27 March 2017)

The sheriff set aside registration of an Australian child maintenance order, finding no proof of valid service under Australian law and insufficient time to defend.

  • Child maintenance
  • Reciprocal enforcement of maintenance orders
  • Service of process
  • Variation of maintenance orders
  • Child-maintenance
  • Foreign-maintenance-orders
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Civil procedure [2017] ScotSC 10

A & B TAXIS AGAINST THE CO-OPERATIVE INSURANCE

A & B TAXIS AGAINST THE CO-OPERATIVE INSURANCE [2017] ScotSC 10 (15 February 2017)

Sheriff Wood refused a reponing note after deciding the defenders gave no satisfactory explanation for missing the action and lacked a stateable defence.

  • Reponing note
  • Decree in absence
  • Service of process
  • Systemic failure in litigation management
  • Damages for property loss
  • Credit hire
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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.