Results 1 to 5 of 17

Genuine ambiguity only: when are post-contract actings relevant to interpretation?

United Kingdom - March 3 2022 The Court of Session has reaffirmed the well-established principle that a court will not, generally, look to post-contract actings as an aid to…

Eilidh Douglas, Rob Wilson

Scottish court refuses application by instructed lawyers to act as the representative party in first Scottish class action decision

United Kingdom - February 10 2022 In July 2020, a new class action procedure, termed “group procedure” came into effect in Scotland (see our previous articles here and here). The…

Kenny Henderson, Colin Hutton, Graeme MacLeod

Scottish Court rejects argument that Quincecare duty extends beyond internal fraud; allows claim to proceed on limited grounds

United Kingdom - September 6 2021 In the recent decision of Sekers Fabrics Ltd v Clydesdale Bank plc [2021] CSOH 89, a bank customer (“Sekers”) that had fallen victim to an authorised…

Graeme MacLeod, Vanessa Whitman

Scottish time bar: Scottish appeal court re-affirms the “harsh” rule

United Kingdom - July 30 2021 There has been an important decision on time bar from the Inner House, the Scottish appeal court, which resolves conflicting lines of authorities on…

Mitchell Abbott, Mark Kirke, Harriet Munro

Jurisdiction in claims for unpaid tuition: Guidance from the Scottish Courts

European Union, United Kingdom - April 21 2021 The Scottish Courts have recently considered whether a distance learning student at a Scottish University was a “consumer” for the purposes of…

Mitchell Abbott, Graeme MacLeod