Cases

An Edinburgh sheriff has ruled that the affairs of a scaffolding company had been conducted in a manner prejudicial to the interests of a man who was entitled to half the shares of the company by a stock transfer form completed by a late former director.

The Supreme Court has dismissed a final appeal by the seller of an office block in Cumbernauld against a decision by HM Revenue and Customs that VAT was chargeable on the sale of the land to an unconnected company.

A commercial judge in the Outer House of the Court of Session has allowed a proof in an £11.5 million action raised against two companies contracted to build and maintain a funicular railway in the Cairngorns after ruling that the claim had not expired by prescription.

The case of Muir Construction Limited v Kapital Residential Limited [2017] CSOH 132 served as a timely reminder of the importance for parties to a construction contract to understand the role of pay less notices. As economic uncertainty continues, maintaining cashflows and ensuring the correct amoun

A reclaiming motion by a local authority challenging the refusal of its counterclaim against an adjudicator’s decision that a Final Certificate of an amount due to a building contractor was not conclusive has been refused by a 2:1 decision in the Inner House of the Court of Session. D McLaughl

Litigation lawyer Richard McMeeken discusses a recent decision involving a building contractor which has clarified certain aspects of the law of bribery in Scotland. In Oil States Industries (UK) Limited v "S" Limited; Lagan Building Contractors Limited (in administration); John Hansen and Stuart Ir

A renewables company has failed in its bid to overturn a decision to refuse planning consent for a wind farm in Dumfries and Galloway. NLEI Ltd had sought to develop a wind farm at a site on the Queensberry Estate near Crawfordjohn, Sanquhar and Wanlockhead. The Scottish Ministers refused to gr

A commercial judge has rejected a proposition by an electricity supplier that a hotel’s case against non-payment of a £168,000 bill accrued over the past five years is irrelevant. SSE Energy Supply Ltd raised the case against Stag Hotel Ltd, the owner of a hotel in Argyll, for monthly in

A fatal accident inquiry into the death of an Orkney Islands Council worker has now found the incident was avoidable.

A window and glass manufacturer owned by Sandy and James Easdale has won a court battle against a Greenock-based window installer after it failed to fulfil a purchasing contract agreed between the companies. Inverclyde Windows Manufacturing Ltd entered into a legally binding agreement to exclusively

The Inner House of the Court of Session has refused an appeal by a whisky distillery against a judge’s decision not to grant interdict in a trade mark infringement case brought against another company proposing to develop a retail site in a village near the distillery. Tomatin Distillery Compa

An appeal by a Scottish landfill operator against a decision of the First-tier Tribunal that material used in the construction of landfill cell walls should be taxed at the standard rate has been partially successful. Barr Environmental Ltd raised the action in the FtT challenging Revenue Scotland&r

A Glasgow flat owner who claimed the factor for her building had failed to obtain the best possible insurance rate has succeeded in appeal before the Upper Tribunal for Scotland.

The family of a man who died after raising an action against his former employer for damages related to asbestos-related lung cancer has been permitted to enter the claim by a judge in the Outer House of the Court of Session.

A reclaiming motion by Stewart Milne Group against a decision that its former employee was entitled to bonus payments after he was made redundant has been refused by the Inner House of the Court of Session.