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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.
The Upper Tribunal allowed the landlord’s appeal, holding that the First-tier Tribunal gave inadequate reasons on key disrepair findings and damages, and remitted the case for redetermination.
The court granted the Scottish Ministers’ petition to remove unlawful occupiers from land at Waterfront Avenue, Granton, and to interdict re-entry.
The Sheriff Appeal Court refused certification for a further appeal, holding the proposed case raised no new point of law and had become academic.
Petition of Arbitration Application Number 1 of 2026 (Court of Session) [2026] CSOH 46 (15 May 2026)
The Outer House refused leave to appeal an arbitral award, holding that none of the proposed legal-error grounds met the test in rule 70(3).
Walter Sim Malcolm and others against Kevin William Paton and another (Sheriff Appeal Court Civil) [2026] SACCIV 28 (05 May 2026)
The Sheriff Appeal Court held that personal feelings and loss of certainty were not enough to show material detriment under section 8 of the 2003 Act.
Appeal in the cause John Bernard Curran against Caroline Theresa Curran (Assisted Person) (Sheriff Appeal Court Civil) [2026] SACCIV 29 (21 April 2026)
The Sheriff Appeal Court held that a defender relying on section 19 of the 1981 Act must plead relevant averments and a supporting plea-in-law.
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.
Leonard Samuel Parker Simpson and Suzanne Louise Simpson against Scottish Water (Sheriff Court Civil) [2026] SCAIR 37 (25 March 2026)
The sheriff held that a nuisance action over sewage escaping onto the pursuers’ property was competent, refused the defender’s competency plea, and sent the case to proof before answer.
Quarter Mile Serviced Apartments LTD against Speirs Gumley Property Management Limite (Sheriff Appeal Court Civil) [2026] SACCIV 14 (23 February 2026)
The Sheriff Appeal Court upheld a real burden restricting short-term letting in the Quartermile Development and refused the appeal, while defamation issues remain for proof.
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