Case archive

Outer House rejects three of four contentions in payment fraud action by business banking customer

A judge in the Outer House of the Court of Session has rejected three of four contentions by a fabric business that their bank breached a duty to exercise reasonable skill and care in relation to their account after they sent over £500,000 from their account to a fraudster.

Court of Session Outer House 31 August 2021

Makers of popular gin obtain interim interdict in trade mark claim against ‘own-label’ copy

The manufacturers of Hendrick’s gin have succeeded in obtaining interim interdict in an action for trade mark infringement against a popular discount supermarket after it redesigned one of its ‘own-label’ products to more closely resemble their product.

Court of Session Outer House 28 May 2021

Motherwell commercial landlord fails to establish continuation of lease by tacit relocation

A commercial landlord of industrial premises in Motherwell has been unsuccessful in its action against its former tenant for payments it alleged were due to it under a commercial lease between them.

Court of Session Outer House 12 May 2021

OLR prisoner’s judicial review petition challenging parole board release refusal decision fails

A prisoner who was sentenced to an Order for Lifelong Restriction in September 2008 and was refused release by a tribunal of the Parole Board for Scotland has been unsuccessful in petitioning for a judicial review of its decision.

Court of Session Outer House 31 March 2021

Building contractor successfully enforces adjudicator’s decision in school extension dispute

A building contractor that was hired to construct an extension at a school in Ayrshire has succeeded in an action to enforce an adjudicator’s award following a dispute with the local authority.

Court of Session Outer House 5 January 2021

Outer House dismisses $210m damages action alleging conspiracy to breach fiduciary duty

A man who claimed $210 million in damages for loss said to have been suffered partially because of a conspiracy to facilitate a breach of fiduciary duty by a solicitor has had his action dismissed in the Outer House of the Court of Session.

Court of Session Outer House 7 December 2020

Arbroath strawberry farmer successfully refutes exclusive jurisdiction argument in defective polythene dispute

A strawberry farmer in Arbroath who was supplied with defective polythene sheeting has succeeded in establishing that the contractual dispute between his company and the sheeting’s supplier could be heard in the Scottish courts. 

Court of Session Outer House 17 August 2020

Private shareholders win share buyout contract dispute case

The majority shareholders of a private limited company have succeeded in an action to establish the terms of a contract between themselves and another shareholder with whom they were in dispute.

Court of Session Outer House 15 July 2020

Hearts and Partick Thistle successfully petition for documents relevant to SPFL rules change

Two Scottish football clubs have succeeded in their petition for the recovery of documents relevant to orders they sought in terms of the Companies Act 2006.

Court of Session Outer House 8 July 2020

Farmer granted reduction of expulsion notice from family partnership

A farmer who was expelled from his family farming partnership has been granted decree of reduction of the expulsion notice.

Court of Session Outer House 2 June 2020

Civil engineering firm did not breach duty of care to tenants of contaminated housing development

Two tenants of properties in a housing development in Motherwell have failed to establish that a civil engineering firm breached a duty of care owed to them in respect of injuries they sustained whilst living on the site.

Court of Session Outer House 26 May 2020

Waste processing company’s breach of contract action against city council continued to hearing

A waste management company that sought damages for breach of contract from a city council has had their case continued to a hearing to determine the nature and scope of the proof.

Court of Session Outer House 20 May 2020

Guarantee agreement between biogas company and sub-contractor resolved in favour of neither party

A dispute concerning the terms of a guarantee agreement between a biogas company that instructed a contractor to build it an anaerobic digestion plant in Aberdeenshire and the contractor’s sub-contractor has been resolved in favour of neither party.

Court of Session Outer House 15 May 2020

Company’s £750,000 defamation action against MSP dismissed  

A company which sells “souvenir” plots of land and claimed that buyers could style themselves as “Lord of Lady” of an estate has had a £750,000 defamation action against an MSP dismissed.

Court of Session Outer House 12 March 2020

Family of alcoholic homeless man who died in charity accommodation fail in damages claim

The family of a homeless man with a history of alcoholism who died hours after being offered accommodation by a charity have had an action for damages against the support provider dismissed.

Court of Session Outer House 20 May 2019