MacRobert v. Cahill [2005] ScotSC 27 (02 March 2005)

MacRobert v. Cahill [2005] ScotSC 27 (02 March 2005)

The defender failed to prove any agreement or arrangement with the pursuer permitting occupation. The pursuer, as judicial factor, never consented to or agreed to the defender's occupation, and the defender had no right or title to remain in the property. The pursuer is entitled to recover possession.

Citation
[2005] ScotSC 27
Parties
Pursuer: David J C MacRobert; Defender: James William Cahill
Jurisdiction
Scotland
Judgment Date
02 March 2005
Procedural Posture
Civil / Judgment After Proof Before Answer
Outcome
Decree for removing granted in favour of the pursuer; defender's pleas repelled; pursuer entitled to recover possession.
Legal Topics
Judicial Factor, Removal of Occupant, Testamentary Succession, Title to Heritable Property
Property Law Succession Law Judicial Factor Removal of Occupant Testamentary Succession Title to Heritable Property

Case Brief

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Parties

David J C MacRobert

Pursuer

James William Cahill

Defender

Procedural Posture

Civil / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether there was an arrangement between the pursuer and defender permitting the defender to remain in the property
  2. 2 Whether the defender had any right or title to occupy the property

Ratio Decidendi

The defender failed to prove any agreement or arrangement with the pursuer permitting occupation. The pursuer, as judicial factor, never consented to or agreed to the defender's occupation, and the defender had no right or title to remain in the property. The pursuer is entitled to recover possession.

Court Disposition

Decree for removing granted in favour of the pursuer; defender's pleas repelled; pursuer entitled to recover possession.

Orders

  • Decree for removing against the defender, his family, sub-tenants and dependants from 119 Yokermill Road, Yoker, Glasgow.
  • All questions of expenses, including sanction for junior counsel, reserved.