Fiona Saleem against Janette Moffat Hyslop or MacFarlane (Sheriff Court Civil) [2025] SCLAN 94 (04 December 2025)

Fiona Saleem against Janette Moffat Hyslop or MacFarlane (Sheriff Court Civil) [2025] SCLAN 94 (04 December 2025)

The court found no binding agreement for transfer of property upon redemption of the mortgage, as claimed by Mrs Saleem. The evidence established an agreement that Mrs MacFarlane would bequeath the property to Meg and Masma Saleem upon her death, not upon mortgage redemption. The payments made by Mrs Saleem were not rent, gifts, or consideration for occupation, and Mrs MacFarlane was unjustifiably enriched. Equity required modification of the sum claimed, resulting in an order for payment of £36,252.70.

Citation
[2025] SCLAN 94
Parties
Pursuer: Fiona Saleem; Defender: Janette Moffat Hyslop or MacFarlane
Jurisdiction
Scotland
Judgment Date
04 December 2025
Procedural Posture
Sheriff Court Civil / Final Judgment
Outcome
Declarator and orders for disposition refused; order for payment granted for unjustified enrichment.
Legal Topics
Requirements of Writing (scotland) Act 1995, Personal Bar, Consensus in Idem, Unjustified Enrichment, Family Agreements, Heritable Property
Contract Law Property Law Unjustified Enrichment Requirements of Writing (scotland) Act 1995 Personal Bar Consensus in Idem Family Agreements Heritable Property

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Parties

Fiona Saleem

Pursuer

Janette Moffat Hyslop or MacFarlane

Defender

Procedural Posture

Sheriff Court Civil / Final Judgment

Legal Issues

  1. 1 Was there a binding agreement for transfer of property between pursuer and defender?
  2. 2 Did the agreement satisfy statutory requirements for writing and personal bar?
  3. 3 Was the defender unjustifiably enriched by payments from pursuer?

Ratio Decidendi

The court found no binding agreement for transfer of property upon redemption of the mortgage, as claimed by Mrs Saleem. The evidence established an agreement that Mrs MacFarlane would bequeath the property to Meg and Masma Saleem upon her death, not upon mortgage redemption. The payments made by Mrs Saleem were not rent, gifts, or consideration for occupation, and Mrs MacFarlane was unjustifiably enriched. Equity required modification of the sum claimed, resulting in an order for payment of £36,252.70.

Court Disposition

Declarator and orders for disposition refused; order for payment granted for unjustified enrichment.

Orders

  • Repels pursuer's first and second pleas-in-law
  • Sustains pursuer's third plea-in-law