Mon 30 Mar 2026

Litigation & Dispute Resolution – More for Lawyers

This edition covers a range of recent articles examining noteworthy decisions from the Scottish courts and legislative developments of wider interest, together with commentary on trends shaping litigation and dispute resolution.

Mixed ownership of personal data – who can exercise rights?

In a significant ruling for data controllers, the Sheriff Appeal Court has clarified how data protection rights apply where personal data relates to more than one individual. 

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When can lenders deduct for use? A key Scottish decision explained

We look at what counts as fair "use" when a customer rejects a car and consider key takeaways from a recent decision. 

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The importance of caveats as a precautionary measure

This article considers a recent decision in a Court of Session case about caveats. 

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Time-bar battles: What Pipeline v Coretrax teaches about prescription

We take a look at prescription and a recent decision on whether a claim had been raised timeously. 

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Judgment issued: Biffa Waste Services v Scottish Ministers

The first substantive UK Internal Market Act ruling is examined in this article. 

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Sheriff Appeal Court clarifies the limits of reponing notes

A decision at the start of the year serves as a reminder that reponing is an exceptional remedy. 

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The need for balance in opt-out group proceedings

Recent developments in Scottish group proceedings signal potential reform, with opt-out class actions and funding rules now firmly in the spotlight.

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Current and future trends in litigation in Scotland

We take a look at what happened in litigation in Scotland in 2025, key trends and what the future holds. 

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Occupiers' Liability – The Issue of Access

An overview of occupier's liability, explaining when someone responsible for a property may be liable for injuries caused by dangers on the premises. 

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Tender Delays in Clinical Negligence Claims

The Court of Session holds an eight-month delay in accepting a tender was unreasonable. 

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