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Scotland decisions
Decisions matching the current search
The Sheriff Appeal Court refused certification for a further appeal, holding the proposed case raised no new point of law and had become academic.
Martha Magaisa as executrix-dative of the late Tanyaradzwa Magaisa against Lord Stewart of Dirleton KC, the Advocate General for Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 30 (12 May 2026)
The Sheriff Appeal Court held that the appeal raised a novel and complex issue about transmissibility of non-patrimonial claims and remitted it to the Court of Session.
Nadeem-Ul Casim Haq and others against Graham Pattinson Irvine and others (Court of Session) [2026] CSOH 45 (08 May 2026)
Court of Session refused a challenge to Abdul Haq’s 2022 will, holding that he had capacity, acted independently, and was not subject to undue influence.
Saddiq Ahmed against Kamall Ahmed (Court of Session) [2026] CSOH 30 (25 March 2026)
Court of Session held that a challenge to executry confirmation was relevant and competent, allowing proof, while refusing only two articles from probation.
Saddiq Ahmed against Kamall Ahmed (Court of Session) [2026] CSOH 30 (25 March 2026)
The Court of Session held that an executry challenge to a grant of confirmation was relevant and allowed proof, repelling several competency and relevancy objections.
John Carswell against Elizabeth Skelton and others (Sheriff Court Civil) [2025] SCHAM 54 (11 July 2025)
The sheriff held that Jack Carswell’s 2009 letter was a valid codicil and that “my share of Midtown Farm” covered the farming business and its assets.
Derek McEwan against James Shankland (Sheriff Court Civil) [2025] SCFOR 67 (31 May 2025)
The sheriff dismissed a ÂŁ60,013 claim after finding Derek McEwan contracted as an individual, not as executor, so no enforceable contract with the estate was proved.
Jonathan Russell (as executor of the late Stuart Russell) & Irene Russell against Rebecca Russell (as executrix of the late Simon Russell) (Sheriff Court Civil) [2025] SCGLA 019 (19 March 2025)
The sheriff held that a father’s £70,000 payment to his son was presumed a gift ex pietate, not a loan, and granted absolvitor for the defender.
Appeal by Mrs Rumellag Soofi in the cause Santander UK Plc against Sajjad Soofi as Executor Nominate of the Estate of Mrs Bushara Soofi (Sheriff Appeal Court Civil) [2024] SACCIV 44 (28 October 2024)
The court held that an executor does not become a proprietor for occupancy-rights purposes, so the executor’s spouse could not seek recall of the decree.
Saddiq Ahmed against Kamall Ahmed (Court of Session) [2024] CSIH 25 (13 August 2024)
The Inner House held that an enrolled solicitor cannot be appointed as a lay representative and that the case should proceed by debate on preliminary pleas, not proof before answer.
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