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Scotland decisions
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The Inner House held that the lease required the hotel to be yielded up no better than its commencement condition, with the Schedule of Condition serving as evidence, not the exclusive record.
HFD Glasgow 3 LTD against Student Loans Company LTD (Court of Session) [2026] CSOH 40 (17 April 2026)
Court of Session case on dilapidations set a remit for an expert to assess repair defects, necessary works, and reasonable costs, and refused recovery of a video survey in hoc statu.
Papel Payment Services Provider LLC against Monitox LTD (Court of Session) [2026] CSIH 7 (06 February 2026)
The Inner House allowed enforcement of a Dubai payment order, holding that Monitox had sufficient notice and no breach of natural justice arose.
Bibby Factors LTD v Bank of Scotland Plc (Sheriff Court Civil) [2026] SCEDIN 9 (12 January 2026)
The sheriff held that a bank may owe duties where it has notice funds in a customer account are subject to a trust, and allowed proof on the pursuer’s case.
Aircraft Engineers LTD against Leading Edge Flight Training LTD (Sheriff Court Civil) [2025] SCHAM 91 (08 December 2025)
Sheriff Nicolson held that the pursuer failed to prove unpaid engineering invoices and was not entitled to the records claimed, but was awarded £4,799.34 for aircraft parking.
Workflo Solutions (Scotland) LTD against Strathmore Property LTD (Sheriff Court Civil) [2026] SCLIV 13 (04 December 2025)
The sheriff granted absolvitor after finding the claimant failed to prove entitlement to charges for Netflo, Secureflo, and administration fees.
Eden Homes (Scotland) 2 LTD against Southside Veterinary Clinic LTD (Sheriff Court Civil) [2026] SCPAI 23 (22 October 2025)
The sheriff held that a provisional liquidator did not create a judicial assignation. The pursuer had title to sue, but the interest award was unenforceable.
GO Radio LTD against Endrick Escape LTD (Sheriff Court Civil) [2025] SCAIR 37 (03 June 2025)
The sheriff dismissed GO Radio Ltd’s claim, holding that Endrick Escape Ltd validly cancelled an advertising agreement within 28 days and owed nothing further.
Screwfix Direct LTD t/a Trade UK against the firm of Northdeko and others (Sheriff Court Civil) [2025] SCABE 27 (29 April 2025)
A sheriff held that the year-and-a-day rule for decree in absence applies separately to each non-appearing defender, refusing decree against two defenders and granting it against the third.
Charles Thompson McKinlay against Avellierie LTD & Kenneth Scott (Sheriff Appeal Court Civil) [2025] SACCIV 6 (10 March 2025)
The Sheriff Appeal Court held that a deed of assignation transferring a loan debt also transferred rights under a personal guarantee tied to that debt.
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