Ash Healthcare LTD against Stag Hotel LTD (Sheriff Appeal Court Civil) [2026] SACCIV 19 (30 January 2026)

The missives clearly set out payment obligations and did not postpone enforcement rights; there was no substantive defence or error in the sheriff's approach; summary decree was properly granted.

Citation: [2026] SACCIV 19
Parties: Pursuer and Respondent: Ash Healthcare Limited; Defender and Appellant: Stag Hotel Limited
Jurisdiction: Scotland
Judgment Date: 30 January 2026
Procedural Posture: Civil Appeal / Appeal Against Summary Decree
Outcome: appeal refused
Legal Topics: Summary Decree, Missives, Payment Obligations, Standard Security

Contract Law Property Law Summary Decree Missives Payment Obligations Standard Security

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 6

Parties

Ash Healthcare Limited

Pursuer and Respondent

Stag Hotel Limited

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal Against Summary Decree

Legal Issues

1 Whether summary decree was correctly granted for payment under missives
2 Whether the respondent was entitled to enforce payment prior to the End Date
3 Whether the only remedy prior to the End Date was enforcement of the standard security

Ratio Decidendi

The missives clearly set out payment obligations and did not postpone enforcement rights; there was no substantive defence or error in the sheriff's approach; summary decree was properly granted.

Court Disposition

appeal refused

Orders

appeal refused
parties to attempt to agree expenses; failing which, written submissions within 21 days