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Scotland decisions
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Petition: Arbitration No.1 Of 2025 (Court of Session) [2026] CSOH 2 (13 January 2026)
The Outer House held that a tenant’s mutuality-based argument was not put to the arbitrator in time, so there was no serious irregularity under Rule 68(2)(c).
Homebase Ltd v Grantchester Developments (Falkirk) Ltd [2015] ScotCS CSOH_49 (30 April 2015)
The court held that a landlord could reasonably seek details of a reverse premium before consenting to assignation of a lease, and could withhold consent until the information was provided.
@SIPP (PENSION TRUSTEES) Ltd AGAINST INSIGHT TRAVEL SERVICES Ltd [2014] ScotCS CSOH_137 (04 September 2014)
A Scottish commercial lease case on repairing obligations and dilapidations, holding that the tenant’s duty was limited by the lease’s commencement condition.
Crieff Highland Gathering Ltd v. Perth And Kinross Council [2011] ScotCS CSOH_78 (12 May 2011)
The Court of Session held that the council was in breach of lease repair obligations, but the breaches were not material enough to justify termination.
Scottish Property Investment Ltd v Scottish Provident Ltd [2004] ScotCS 17 (23 January 2004)
Court of Session case on whether a landlord unreasonably withheld consent to a proposed sub-lease under a commercial lease.
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