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Property law [2026] SACCIV 14

Quarter Mile Serviced Apartments LTD against Speirs Gumley Property Management Limite (Sheriff Appeal Court Civil)

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.

  • Real burdens
  • Community burdens
  • Short-term letting
  • Acquiescence
  • Defamation
  • Verbal injury
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Civil procedure [2025] SACCIV 29

David Downie (AP) against NHS Fife Health Board (Sheriff Appeal Court)

David Downie (AP) against NHS Fife Health Board (Sheriff Appeal Court) [2025] SACCIV 29 (23 September 2025)

The Sheriff Appeal Court held the first ground of appeal incompetent, refused a remit motion as incompetent, and set a procedural hearing on the remaining grounds.

  • Competency of appeal
  • Final judgment definition
  • Acquiescence
  • Doctrine of ex turpi causa non oritur actio
  • Remit to inner house
  • Sheriff-appeal-court
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Property law [2024] SACCIV 41

AC & IC Fraser & Son LTD (Sheriff Appeal Court Civil)

AC & IC Fraser & Son LTD (Sheriff Appeal Court Civil) [2024] SACCIV 41 (16 August 2024)

The Sheriff Appeal Court held that a diverted vehicular access route was not established by acquiescence, but the pedestrian access claim also failed on the pleaded facts.

  • Servitudes
  • Prescription
  • Acquiescence
  • Variation of servitude route
  • Positive prescription
  • Permission vs. adverse possession
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Contract law [2021] ScotCS CSOH_117

DRAGADOS (UK) LTD AGAINST DC EIFEKET AGGREGATE AS

DRAGADOS (UK) LTD AGAINST DC EIFEKET AGGREGATE AS [2021] ScotCS CSOH_117 (16 November 2021)

The court excluded averments about pre-contract negotiations, holding they could not be used to construe the contract or support personal bar on the pleadings.

  • Interpretation of contract
  • Exclusionary rule for pre-contractual negotiations
  • Personal bar (estoppel)
  • Acquiescence
  • Contract-interpretation
  • Pre-contractual-negotiations
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Family law [2015] ScotCS CSOH_130

FJM, Re Orders Under The Child Abduction and Custody Act 1985 and Answers for CGM

FJM, Re Orders Under The Child Abduction and Custody Act 1985 and Answers for CGM [2015] ScotCS CSOH_130 (29 September 2015)

The Court of Session refused a Hague return petition after finding that the father had acquiesced in the children’s removal from Australia to Scotland.

  • International child abduction
  • Hague convention
  • Acquiescence
  • Mediation evidence admissibility
  • International-child-abduction
  • Hague-convention
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Family law [2013] ScotCS CSOH_40

TLMP, Re Orders Under The Child Abduction and Custody Act 1985

TLMP, Re Orders Under The Child Abduction and Custody Act 1985 [2013] ScotCS CSOH_40 (07 March 2013)

The court held that the child remained habitually resident in the United States, the mother had not acquiesced, and return to the United States was ordered.

  • International child abduction
  • Habitual residence
  • Wrongful retention
  • Acquiescence
  • Return orders under hague convention
  • International-child-abduction
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Criminal law [2012] ScotHC HCJAC_44

Procurator Fiscal Paisley v AK & Anor

Procurator Fiscal Paisley v AK & Anor [2012] ScotHC HCJAC_44 (03 April 2012)

The Appeal Court held that the Crown could competently bring bills of advocation despite a statutory appeal route, and rejected Article 6 and acquiescence objections.

  • Competency of bills of advocation
  • Statutory appeal rights
  • Article 6 echr
  • Equality of arms
  • Acquiescence
  • Bills-of-advocation
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Contract law [2010] ScotCS CSOH_68

Shaw v James Scott Builders & Company & Anor

Shaw v James Scott Builders & Company & Anor [2010] ScotCS CSOH_68 (26 May 2010)

Court of Session opinion on a house-building dispute, holding the parties agreed to a November 2005 formal contract document by conduct, with limits on completion date and design responsibility.

  • Contract formation
  • Standard form contracts
  • Personal bar
  • Acquiescence
  • Contractual terms
  • Design responsibility
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Administrative law [2010] ScotCS CSOH_55

MacDonald, Re Application for Judicial Review

MacDonald, Re Application for Judicial Review [2010] ScotCS CSOH_55 (28 April 2010)

Court of Session repelled a preliminary plea that a judicial review was barred by mora, taciturnity and acquiescence, and allowed the case to proceed.

  • Judicial review
  • Delay (mora)
  • Taciturnity
  • Acquiescence
  • Procedural fairness
  • Church discipline
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Property law [2008] ScotCS CSOH_50

Wolanski And Company Trustees Ltd v. First Quench Retailing Ltd

Wolanski And Company Trustees Ltd v. First Quench Retailing Ltd [2008] ScotCS CSOH_50 (26 March 2008)

The Court of Session held that the pursuer’s consent to a sublease assignation extended to the whole transaction, including step-in and guarantee provisions.

  • Landlord and tenant
  • Lease assignation
  • Implied terms
  • Acquiescence
  • Material breach
  • Landlord-and-tenant
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.