Civil Procedure
Below are recent civil procedure & civil law cases from our CaseCheck archive. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
 
Simon Ross v Giles Insurance Brokers Limited, Sheriff Principal B A Lockhart, Dumfries Sheriff Court, 22 July 2011  -  This was an appeal against a Sheriff’s decision to dismiss an action in terms of Rule 15.7 of the Sheriff Court Rules, due to unfairness caused by an inordinate and inexcusable delay by the pursuer and appellant in progressing the case. In the action, which commenced on 23 September 2002, the appellant... more...
Santander v. David Gallagher (AKA Gallacher), Sheriff Mackie, Edinburgh Sheriff Court, 26th July 2011  -  Parties and Background The pursuer was the bank Santander which had granted a standard security in favour of the defender, David Gallagher. This case concerned a calling up notice which the bank had attempted to serve on the defender in February 2011 in terms of section 19(1) of the Conveyancing... more...
Neil Henderson Douglas and Others v. Hilary Anne Barrowman MacAndrew and Another, Sheriff Philip Mann, Banff Sheriff Court, 29th July 2011  -      Parties and Background The pursuers were beneficiaries of the estate of the late Leslie Sydney Henderson. The defenders were the executors of the estate. The first defender was a solicitor and the second was an individual. The pursuers sought details of estate accounts and payments from the estate.... more...
Aberdeen Council v Bruce Plant Limited, Sheriff Philip Mann, Banff Sheriff Court, 11 April 2010  -  In this action for payment, the pursuers' four craves (numbered 1-4), supported by articles of condescendence (numbered 3-6), each claimed payment of sums due in respect of contracts for road construction works carried out by the pursuers as subcontractors acting on the defenders’ instructions. This... more...
Sheila Davies and Maureen Mowat v. The Scottish Commission for the Regulation of Care, Sheriff Principal Sir Stephen Young Bt QC, Aberdeen Sheriff Court, 9 May 2011  -  Parties and Background: The pursuers (and appellants) operated a nursery in Aberdeen. The defenders (and respondents) were designed as the Scottish Commission for the Regulation of Care, constituted as a body corporate in terms of section 1(1) of the Regulation of Care (Scotland) Act 2001. The pursuers... more...
Thomson Roddick & Laurie Limited v Katalyst Projects Limited, Temporary Sheriff Principal Charles Norman Stoddart, Dumfries Sheriff Court, 18 March 2011  -  In this action, the pursuers sought implement of missives of sale concluded with the defenders; failing which they sought an award of damages. In the Sheriff’s interlocutor of 5 August, he found the pursuers entitled to implement and continued the case so parties could be heard on further procedure.... more...
The Hamilton School v. The William Cowie Partnership, Sheriff Philip Mann, Aberdeen Sheriff Court, 24th February 2011  -  The pursuers were an independent primary school in Aberdeen. The defenders were a firm of architects which had been engaged to carry out alterations and extensions to the school premises.  The pursuers sought damages from the defenders for breach of contract and negligence in the performance of the contract.   This... more...
Secretary of State for Work and Pensions, Child Support Agency v Steven O’Donnell, Sheriff Principal C G McKay, Dumfries Sheriff Court, 11 November 2010  -  This was an appeal against a Sheriff’s decision in respect of a summary application under section 39A of the Child Support Act 1991. In his judgment of 12 November 2009, the Sheriff dismissed the action and at a hearing on expenses on 26 November 2009, found no expenses due. The pursuers appealed against... more...
Child Maintenance & Enforcement Commission v Julian Davies, Sheriff Principal C G McKay, Dumfries Sheriff Court, 11 November 2010  -  This was an appeal against a Sheriff’s decision in respect of a summary application under section 39A of the Child Support Act 1991. On 26 November 2009, the Sheriff refused the pursuers’ motion for a warrant for arrest of the defender (in terms of Rule 5B(1)(b) of the Act of Sederunt (Child Support... more...
Mario Alberto Tabra Guerrero & 30 Ors v Monterrico Metals PLC: Menandro Neyra Caucha & Anor v Monterrico Metals Plc & Anor, QBD, 15/12/10  -  A Master Was Entitled To Have Allowed Claimants to Amend Their Particulars Of Claim... more...
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