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Scotland Case Law

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Contract law [2014] ScotCS CSOH_99

MACROBERTS LLP AGAINST McCRINDLE GROUP Ltd

MACROBERTS LLP AGAINST McCRINDLE GROUP Ltd [2014] ScotCS CSOH_99 (10 June 2014)

The court held that MacRoberts LLP had not materially breached its contract with McCrindle Group Limited and could claim its fees; the counterclaim was rejected.

  • Material breach
  • Mutuality of contract
  • Solicitor-client relationship
  • Conflict of interest
  • Material-breach
  • Mutuality-of-contract
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Civil procedure [2014] ScotSC 30

FKENING & REID, SOLCITORS IN THE CAUSE BALFOUR & MANSON, LLP AGAINST FLEMING & REID, SOLICITORS

FKENING & REID, SOLCITORS IN THE CAUSE BALFOUR & MANSON, LLP AGAINST FLEMING & REID, SOLICITORS [2014] ScotSC 30 (03 June 2014)

An appeal over plea of lack of specification in a solicitor-fees action was refused. The court held the pleadings and fee notes gave fair notice for proof before answer.

  • Specification of pleadings
  • Professional fees
  • Quantum meruit
  • Solicitor-client relationship
  • Civil-procedure
  • Professional-fees
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Professional discipline [2011] ScotCS CSIH_24

Sandeman v The Council of the Law Society of Scotland

Sandeman v The Council of the Law Society of Scotland [2011] ScotCS CSIH_24 (18 March 2011)

The Court of Session held that a solicitor acted under a conflict of interest and that the conduct was serious enough to amount to professional misconduct.

  • Conflict of interest
  • Professional misconduct
  • Solicitor-client relationship
  • Professional-misconduct
  • Conflict-of-interest
  • Solicitor-client-relationship
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Administrative law [1999] ScotCS 296

Miller v Law Society Of Sotland Council

Miller v Law Society Of Sotland Council [1999] ScotCS 296 (15 December 1999)

The court held that the Principal Reporter and solicitor-reporters are not practising as solicitors when carrying out statutory reporter duties, so no practising certificate is required.

  • Practising certificates for solicitors
  • Statutory functions of principal reporter
  • Delegation of statutory functions
  • Solicitor-client relationship
  • Professional misconduct
  • Practising-certificate
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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.