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Scotland Case Law

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Contract law [2020] ScotCS CSOH_56

PROMONTORIA (CHESTNUT) LIMITED AGAINST THE FIRM OF BALLANTYNE PROPERTY SERVICES AND OTHERS

PROMONTORIA (CHESTNUT) LIMITED AGAINST THE FIRM OF BALLANTYNE PROPERTY SERVICES AND OTHERS [2020] ScotCS CSOH_56 (29 May 2020)

The Court of Session considered whether an assignee bank debt claim could proceed despite challenges to title, intimation, and an alleged promise to renew lending.

  • Assignation of debt
  • Promise in scots law
  • Personal bar (estoppel)
  • Mutuality of contract
  • Summary decree
  • Facility agreements
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Succession law [2015] ScotCS CSOH_101

MacDonald v Cowie

MacDonald v Cowie [2015] ScotCS CSOH_101 (29 July 2015)

The Court of Session held that a signed note about giving a house to a grandson was only an expression of wish, not a binding promise or enforceable gift.

  • Inter vivos gifts
  • Testamentary intention
  • Promise in scots law
  • Undue influence
  • Interpretation of unilateral documents
  • Inter-vivos-gifts
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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.