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Property-law [2026] SACCIV 28

Walter Sim Malcolm and others against Kevin William Paton and another (Sheriff Appeal Court Civil)

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.

  • Real-burdens
  • Title-conditions-(scotland)-act-2003
  • Interest-to-enforce
  • Material-detriment
  • Interdict
  • Title-conditions-scotland-act-2003
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Contract-law [2026] CSIH 20

Reclaiming Motion by Nadeem Sarwar against Phlo Technologies LTD and others (Court of Session)

Reclaiming Motion by Nadeem Sarwar against Phlo Technologies LTD and others (Court of Session) [2026] CSIH 20 (22 April 2026)

The Inner House held that waiver and personal bar could not be decided at debate and allowed proof before answer in a dispute over service agreements and warranties.

  • Waiver
  • Personal-bar
  • Service-agreements
  • Warranties
  • Declarator
  • Interdict
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Succession-law [2026] CSOH 30

Saddiq Ahmed against Kamall Ahmed (Court of Session)

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.

  • Reduction-of-confirmation
  • Executor-duties
  • Interdict
  • Suspension
  • Conflict-of-interest
  • Probation-of-averments
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Succession-law [2026] CSOH 30

Saddiq Ahmed against Kamall Ahmed (Court of Session)

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.

  • Reduction-of-confirmation
  • Executors-dative
  • Interdict-and-suspension
  • Conflict-of-interest-in-executry
  • Probate-procedure
  • Executry-law
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Property-law [2026] SACCIV 20

Neil McCallum and another against Andrew Higgins (Sheriff Appeal Court Civil)

Neil McCallum and another against Andrew Higgins (Sheriff Appeal Court Civil) [2026] SACCIV 20 (28 January 2026)

The Sheriff Appeal Court refused an appeal against interdicts protecting servitude access rights, holding the sheriff’s findings were supported by evidence despite the appellant’s challenge to video evidence.

  • Servitude-rights
  • Interdict
  • Obstruction-of-access
  • Evidentiary-procedure
  • Property-disputes
  • Civil-appeal
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Property-law [2026] SCCAMP 27

Donald Michie against Scott Hastie (Sheriff Court Civil)

Donald Michie against Scott Hastie (Sheriff Court Civil) [2026] SCCAMP 27 (19 November 2025)

Sheriff Cameron held that a pedestrian servitude by prescription existed, but no vehicular servitude did. The defender was interdicted from vehicular access and ordered to pay reinstatement damages.

  • Servitude-rights
  • Prescription
  • Trespass
  • Damages
  • Interdict
  • Counterclaim
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Delict [2025] SCKIL 92

George Robert Elliot and others against Andrew Snodgrass McCandlish (Sheriff Court Civil)

George Robert Elliot and others against Andrew Snodgrass McCandlish (Sheriff Court Civil) [2025] SCKIL 92 (16 September 2025)

The sheriff allowed a nuisance case to proceed to proof before answer, but excluded several negligent and irrelevant averments from probation.

  • Nuisance
  • Pure-economic-loss
  • Title-and-interest-to-sue
  • Interdict
  • Damages
  • Planning-control
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Property-law [2025] SCHAM 55

Walter Sim Malcolm and others against Kevin William Paton and another (Sheriff Court Civil)

Walter Sim Malcolm and others against Kevin William Paton and another (Sheriff Court Civil) [2025] SCHAM 55 (04 June 2025)

Sheriff Court granted interdict preventing a boundary wall, holding that it would materially detract from neighbours’ enjoyment under a real burden in an open-plan estate.

  • Enforcement-of-real-burdens
  • Community-burdens
  • Neighbour-consent
  • Material-detriment
  • Interdict
  • Real-burdens
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Family-law [2025] SCPHD 18

KB against EL and LJ (Sheriff Court Civil)

KB against EL and LJ (Sheriff Court Civil) [2025] SCPHD 18 (18 March 2025)

Sheriff McDonald granted a residence order for the children to live with their mother, refused contact with the father at present, and granted interdict against removal from her care.

  • Child-residence
  • Child-contact
  • Domestic-abuse
  • Parental-responsibilities-and-rights
  • Interdicts
  • Welfare-of-the-child
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Property-law [2025] SCEDIN 009

Mrs Isabella Paton Kerr Langskaill against Ms Tracy-Anne Black (Sheriff Court Civil)

Mrs Isabella Paton Kerr Langskaill against Ms Tracy-Anne Black (Sheriff Court Civil) [2025] SCEDIN 009 (21 February 2025)

The sheriff held that the 2011 disposition included the lane, the pursuer had possessed it since 1962, and the defender’s servitude over it had not prescribed.

  • Servitude-right-of-access
  • Negative-prescription
  • Title-to-sue
  • Interdict
  • Heritable-property
  • Servitude
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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.