Quarter Mile Serviced Apartments LTD against Speirs Gumley Property Management Limite (Sheriff Appeal Court Civil) [2026] SACCIV 14 (23 February 2026)

Quarter Mile Serviced Apartments LTD against Speirs Gumley Property Management Limite (Sheriff Appeal Court Civil) [2026] SACCIV 14 (23 February 2026)

A valid and enforceable real burden prohibiting short-term letting was created by the Deed of Conditions as a community burden, and not extinguished by acquiescence. The pleadings on acquiescence and verbal injury were insufficiently specified. Defences of truth and fair comment remain available to respondent in the ongoing defamation claim.

Citation
[2026] SACCIV 14
Parties
Pursuer and Appellant: Quarter Mile Serviced Apartments Limited; Defender and Respondent: Speirs Gumley Property Management Limited
Jurisdiction
Scotland
Judgment Date
23 February 2026
Procedural Posture
Civil Appeal / Appeal From Sheriff's Interlocutor
Outcome
appeal refused; sheriff's interlocutor adhered to
Legal Topics
Real Burdens, Community Burdens, Short Term Letting, Acquiescence, Defamation, Verbal Injury, Fair Comment, Truth Defence
Property Law Defamation Delict Real Burdens Community Burdens Short Term Letting Acquiescence Verbal Injury +2 more

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Parties

Quarter Mile Serviced Apartments Limited

Pursuer and Appellant

Speirs Gumley Property Management Limited

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Was a valid and enforceable real burden prohibiting short-term letting created by the Deed of Conditions?
  2. 2 Has the real burden been extinguished by acquiescence or otherwise?
  3. 3 Are statements in Cease and Desist letters defamatory or constitute verbal injury?

Ratio Decidendi

A valid and enforceable real burden prohibiting short-term letting was created by the Deed of Conditions as a community burden, and not extinguished by acquiescence. The pleadings on acquiescence and verbal injury were insufficiently specified. Defences of truth and fair comment remain available to respondent in the ongoing defamation claim.

Court Disposition

appeal refused; sheriff's interlocutor adhered to

Orders

  • Proof before answer allowed on defamation pleadings; truth and fair comment defences remain available
  • Irrelevant pleadings to be removed; cause remitted to sheriff court for further procedure