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Scotland Case Law

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Contract law [2025] SCKIL 16

New House Purchasers LTD against Jay Margaret Steel (Sheriff Court Civil)

New House Purchasers LTD against Jay Margaret Steel (Sheriff Court Civil) [2025] SCKIL 16 (28 November 2024)

The sheriff granted summary decree for payment under a standard security, holding the defender’s repayment obligation was unqualified, but refused interdict as too wide and premature.

  • Loan repayment
  • Standard security
  • Third party rights
  • Summary decree
  • Interdict
  • Summary-decree
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Property law [2017] ScotSC 20

ONESAVINGS BANK PLC AGAINST JOHN BURNS & Anor

ONESAVINGS BANK PLC AGAINST JOHN BURNS & Anor [2017] ScotSC 20 (05 April 2017)

A sheriff dismissed Onesavings Bank plc’s summary application, holding that assignations of the standard security did not vest title to sue in the bank.

  • Title to sue
  • Assignation of standard securities
  • Heritable creditor remedies
  • Reasonableness of ejection
  • Standard-security-assignation
  • Title-to-sue
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Property law [2016] ScotSC 62

GE MONEY SECURED LOANS LTD v (FIRST) BRIAN BISSELL MACBRIDE AND (SECOND) LINDA RAE MACBRIDE

GE MONEY SECURED LOANS LTD v (FIRST) BRIAN BISSELL MACBRIDE AND (SECOND) LINDA RAE MACBRIDE [2016] ScotSC 62 (26 September 2016)

Sheriff Kelly held that only limited averments about service of the initial writ and calling-up notices, and wrongful diligence, could proceed to proof.

  • Standard security
  • Repossession
  • Diligence
  • Damages
  • Calling-up notice
  • Standard-security
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Property law [2016] ScotSC 37

GARETH DAVID PETERS AND MRS CAROLINE ELLEN PETERS AGAINST BELHAVEN FINANCE Ltd

GARETH DAVID PETERS AND MRS CAROLINE ELLEN PETERS AGAINST BELHAVEN FINANCE Ltd [2016] ScotSC 37 (06 May 2016)

In a repossession dispute over the Townhead Hotel, the sheriff held that Belhaven’s advertising was inadequate but the defenders still achieved the best obtainable price.

  • Repossession
  • Standard security
  • Duty to advertise
  • Best price obligation
  • Conveyancing and feudal reform (scotland) act 1970 s.25
  • Standard-security
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Property law [2015] ScotSC 58

WESTFOOT INVESTMENTS Ltd against EUROPEAN PROPERTY HOLDINGS INCORPORATED&

WESTFOOT INVESTMENTS Ltd against EUROPEAN PROPERTY HOLDINGS INCORPORATED& [2015] ScotSC 58 (02 September 2015)

The sheriff granted Westfoot Investments possession of Edinburgh security subjects after default on a commercial bridging loan, but refused ejection as unnecessary.

  • Enforcement of standard security
  • Calling-up procedure
  • Ejection
  • Pre-action requirements
  • Debtor protection
  • Interest rates in default
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Property law [1908] ScotLR 259

Johnston v. The Standard Property Investment Co., Ltd, and Others. Weatherhead v. Johnston

Johnston v. The Standard Property Investment Co., Ltd, and Others. Weatherhead v. Johnston [1908] ScotLR 259 (04 December 1908)

The Court held that a bondholder selling security subjects in lots cannot create real burdens or allocate feu-duty between lots; a prior dismissive decree also barred one appeal as res judicata.

  • Heritable security
  • Feu-duty
  • Real burden
  • Allocation of feu-duty
  • Bondholder powers
  • Titles to land consolidation (scotland) act
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.