Court of Session finds that Hutton v Wilson ‘exception’ is applicable in Scotland (D McLaughlin v East Ayrshire Council)

Table of contents

• What are the practical implications of this case?
• What was the background?
• The parties’ arguments
• What did the court decide?
• Should the Scottish courts follow the approach in Hutton v Wilson?
• The court’s conclusions in the present case
• Case details

Article summary

Construction analysis: The Outer House of the Court of Session found that it was permissible, in principle, for a party to seek final determination of a dispute referred to adjudication during enforcement proceedings in the Scottish courts, as the courts in England have allowed on a limited basis following the decisions in Caledonian Modular v Mar City Developments and Hutton v Wilson. However, the court warned that cases in which this approach was suitable would be ‘few and far between’, and whether any issue was suitable for final determination at enforcement stage would be a matter for the relevant judge.