Neale Tosh

Commercial

• Glenure Estate Ltd v Tinck Inženiring (ongoing): Whether a contract for supply of hydroelectric generator is governed by Slovenian law and, if so, whether any claim for damages has been extinguished or barred by Slovenian law of prescription or limitation.
• Jigsaw Bidco Ltd v Allan 2026 SLT 1059 (led by Roddy Dunlop KC): Whether a claim for damages for breach of warranties given in a share purchase agreement was barred by contractual limitation.
• Payment Services Provider LLC v Monitox Ltd 2026 SC 161: Whether a foreign judgment was obtained in breach of principles of natural justice.
• Murray v Atlas FM Ltd 2026 SLT 712: Whether the principle of deemed fulfilment of contractual conditions recognised in Mackay v Dick (1881) 8 R (HL) 37 remained part of Scots law despite its rejection as part of the law of England in King Crude Carriers SA v Ridgebury November LLC [2025] UKSC 39.
• Clark v Shawbrook Bank Ltd 2026 SCLR 337: Whether an amendment to add the pursuer’s wife as an additional pursuer outside the prescriptive period should have been allowed.
• Thorntons Investment Holdings Ltd v Matheson 2024 SC 36. Whether to excuse or sanction the use, without prior permission of the court, of documents recovered during a dawn raid.
• Thorntons Investment Holdings Ltd v Matheson 2023 SLT 1305: Whether evidence was inadmissible on the grounds that it had been illegally obtained or was confidential material to which a reasonable expectation of privacy pertained at common law and in terms of Article 8 of the European Convention on Human Rights.
• Parkash v The Royal Bank of Scotland plc 2023 SCLR 449: Whether personal guarantees had been granted under essential error induced by misrepresentation.
• Apex Resources Ltd v Macdougall 2021 SLT 781 (led by Paul O’Brien KC): Whether interim interdict enforcing non-compete restrictive covenants should be recalled.

Company Law

• Christopher Moran Energy Ltd, Petitioner [2026] CSOH 109. Whether an operating sub-committee exists and had/has authority to enter into certain types of transactions and, in any event, whether the Scottish courts have jurisdiction to determine the dispute or are forum non conveniens.
• Hogarth v OPCCO6 Ltd (led by Susan Ower KC). Whether the affairs of the majority shareholder of Livingston Football Club Ltd had been conducted in a manner which was unfairly prejudicial to the interests of its members after shares were transferred to a third party.
• Heart of Midlothian Football Club plc and Partick Thistle Football Club Ltd v Scottish Professional Football League Ltd, SFA Arbitration, July 2020 (led by David Thomson KC). Whether the affairs of the SPFL had been conducted in a manner which was unfairly prejudicial to the interests of two football clubs relegated after the SPFL’s Articles of Association were altered to allow the league season to be curtailed.

Insolvency

• Secretary of State for Business and Trade v Pettigrew [2026] CSOH 77: Whether a disqualification order should be made against a director who caused a high-profile company engaged in the collection and disposal of healthcare waste to put assets beyond the reach of its creditors at a time when it was bordering on insolvency and to remain in breach of its environmental permits.
• Parkin v Ayres Wynd Developments Ltd 2025 SLT 1047: Whether orders for intimation and service of a winding up petition should be refused on the basis that the petition founded on a disputed debt.
• Secretary of State for Business and Trade v Azam 2024 SLT 614: Whether a disqualification order should be made against a director of a company that employed illegal workers.
• Joint Administrators of Alexander Inglis and Son Ltd, Noters 2024 SLT 165. Whether it was competent for administrators of a company to apply by note to have the company wound up and the liquidators’ remuneration fixed in advance.
• Munchener Hypothekenbank eG, Petitioner [2023] CSOH 36 (led by David Thomson KC). Whether administrators should be appointed to a Luxembourg company with its only material asset in Scotland after a bankruptcy trustee had been appointed in Luxembourg.
• Former Joint Administrators of Future Renewables ECO plc, Petitioners [2023] CSOH 27. Whether replacement administrators had standing to resist approval of the remuneration of former administrators and the proper approach to be taken to review of recommendations by a court reporter.
• Kingston Park House Ltd v Granton Commercial Industrial Properties Ltd 2023 SLT 238 (led by Roddy McIlvride KC). Whether the Court of Session had jurisdiction to wind up a foreign company and, if so, whether it should refuse to exercise its discretion to do so.
• King’s Trustees v King [2020] CSOH 101 (led by David Thomson KC): Whether shares in a foreign company were held in constructive trust for bankruptcy trustees; whether any obligation to account for them had prescribed.

Product liability

• Bell v Volvo Car Corp 2025 SLT 1049. Whether permission to bring NOx emissions group proceedings should be granted (acted unled for Santander Consumer (UK) plc).
• King v Black Horse Ltd 2024 SC 296 (led by Gavin MacColl KC): Whether a right of rejection can be lost by post-rejection use of rejected goods.
• Deas v Park’s of Hamilton (Townhead Garage) Ltd 2022 SCLR 292: Whether fair notice had been given of alleged defects in a luxury-brand vehicle.

Property

• Taylor v Taylor 2026 Hous LR 50: Whether an owner of heritage had given a promise or improper liferent to occupiers precluding eviction.
• EE Ltd v AP Wireless II (UK) Ltd [2026] LTS 7: Whether consensual real-world transactions for telecommunications sites were helpful comparables whether determining consideration under the Electronic Communications Code.
• Quarter Mile Serviced Apartments Ltd v Speirs Gumley Property Management Ltd [2026] SAC (Civ) 14: Whether a community burden restricting residential units in a mixed-use development to use as private dwellinghouses, prohibiting short-term letting, was validly created by a deed of conditions and remained enforceable.
• EE Ltd and Hutchison 3G Ltd v Verte Development Ltd 2025 SLT (Lands Tr) 26. Whether a pattern of consideration for commercial rooftop telecoms sites had been established; whether an order for payment of interim consideration should be made.
• Langskaill v Black 2023 SLT (SAC) 51: Whether a plan or verbal description in an a non domino disposition prevailed.
• Manson v Turner 2023 UT 38. Whether the First-tier Tribunal was required to consider whether it was reasonable to make an eviction order or only whether the landlord’s intention to sell was reasonable.
• Sharif v Moughal [2023] CSOH 42. Whether an eviction order granted by the First-tier Tribunal should be reduced.
• Logan v Irons 2023 SLT (SAC) 152: Whether a servitude is extinguished by confusion when the burdened and benefited properties come into the same ownership and, if so, whether the servitude revives when the properties are subsequently split up.

Professional liability and regulation

• Madden v McEwan Fraser Legal [2026] SAC (Civ) 51: Whether findings of liability, causation and damages should be set aside on grounds not the subject of pleadings or argument at first instance.
• Robertson v Hay Cassels Ltd [2025] SC HAM 50: Whether allegations of negligence related to issues outside the scope of the defender’s duty of care and whether losses claimed were too remote.

Public law

• SR Aviation Ltd v Advocate General for Scotland 2026 SLT 422 (led by Andrew Webster KC): Whether an ordinary action for declarator was competent to determine a dispute about the effect of an undertaking on the exercise of statutory powers which was already the subject of litigation before the tax tribunal.
• 4U2 Ltd v Glasgow City Council [2026] SAC (Civ) 13: Whether a local authority owed a duty of care to avoid causing economic loss by negligent misrepresentation when making an administrative decision.
• Heptagon Portfolio Arbroath Ltd v Angus Council 2026 SLT 508 (led by David Thomson KC). Whether a local authority had been entitled to treat an owner of tenanted property as liable for non-domestic rates under the Non-Domestic Rates (Miscellaneous Anti-Avoidance Measures) (Scotland) Regulations 2023.
• Bridgeport Estates Ltd v Highland Council 2025 SLT 1120 (led by David Thomson KC). Whether there was an adequate alternative remedy available by way of appeal to a committee of a local authority against a decision of that local authority.
• Quarm v HM Advocate 2024 SLT 473: Whether appeals against convictions relying on the Post Office “Horizon” evidence should be allowed.
• Central Haulage Ltd v Traffic Commissioner [2024] UKUT 22 (AAC): Whether decision of a Deputy Traffic Commissioner was vitiated by apparent bias.
• McKenzie v Edinburgh City Council 2023 SLT (Sh Ct) 127: Whether social security benefits paid into a bank account were protected from arrestment.

Trusts and Tax

• Khan v HMRC [2026] UKFTT 1205 (TC): Whether a personal liability notice of £1.4m made in respect of undeclared VAT should be quashed on the grounds that VAT details had been hijacked and used to carry on metal trading.
• Aesthetic-Doctor.com Ltd v HMRC [2024] UKFTT 48 (TC). Whether cosmetic treatments fell to be treated as medical care for VAT purposes.
• Niven v Niven [2023] CSOH 57: Whether a codicil to a will had been forged.
• W v W 2022 SLT (Sh Ct) 64: Whether decree in an action to prove the tenor of a lost will should be granted; first reported decision in action in the sheriff court.
• Brownrigg’s Executor, Petitioner 2021 SLT 1145: Whether the court should give directions that a share of the residue of an estate should be distributed to a particular beneficiary.

Chambers UK – Commercial Dispute Resolution (Up and coming)