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Scotland Case Law

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Landlord and tenant [2022] ScotCS CSOH_4

RILEY SPORTS BARS (2014) LTD (IN ADMINISTRATION) AGAINST CGW SNOOKER LLP

RILEY SPORTS BARS (2014) LTD (IN ADMINISTRATION) AGAINST CGW SNOOKER LLP [2022] ScotCS CSOH_4 (18 January 2022)

Court refused declarator that landlord unreasonably withheld consent to assign a lease, and rejected claims based on good faith breach and force majeure.

  • Lease assignation
  • Reasonableness of landlord's consent
  • Financial standing
  • Good faith obligations
  • Force majeure
  • Lease-assignation
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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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Civil procedure [2007] ScotSC 9

Siar v. Collins

Siar v. Collins [2007] ScotSC 9 (27 February 2007)

The sheriff principal held there was no valid citation of the defender, recalled the decree in absence, and granted reponing, but found the proposed defence to the main occupancy claim weak.

  • Service of process
  • Reponing note
  • Decree in absence
  • Interdict
  • Lease assignation
  • Service-of-process
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Property law [2000] ScotCS 279

Sproat v South West Services (Galloway) Ltd

Sproat v South West Services (Galloway) Ltd [2000] ScotCS 279 (9 November 2000)

The court held that the executor failed to transfer the deceased tenant’s lease interests in time under the Succession (Scotland) Act 1964, and the defenders held only year-to-year tenancies.

  • Lease assignation
  • Succession (scotland) act 1964
  • Year-to-year tenancy
  • Waiver of rights
  • Tacit relocation
  • Lease-assignation
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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.