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Scotland decisions
Decisions matching the current search
HFD Glasgow 3 LTD against Student Loans Company LTD (Court of Session) [2026] CSOH 40 (17 April 2026)
Court of Session case on dilapidations set a remit for an expert to assess repair defects, necessary works, and reasonable costs, and refused recovery of a video survey in hoc statu.
APPEAL AGAINST A DECISION OF THE SCOTTISH LAND COURT BY THE TRUSTEES OF THE ROXBURGHE SECOND DISCRETIONARY TRUST AGAINST ROBIN DOUGLAS LINDSAY BATCHELOR [2023] ScotCS CSIH_41 (10 November 2023)
The Court of Session held that a lease clause required the landlord to carry out fence maintenance, with the tenant liable only for half the cost.
ASHTENNE CALEDONIA LTD AGAINST MAHMOOD SALEEM [2023] ScotCS CSOH_18 (08 March 2023)
The Court of Session rejected a tenant’s objections to a surveyor’s draft dilapidations report, holding that the reporter applied the correct repair standard and acted within remit.
APCOA PARKING (UK) LTD AGAINST CROSSLANDS PROPERTIES LTD [2021] ScotCS CSOH_77 (30 July 2021)
The Outer House refused APCOA Parking’s rescission claim over car park defects, holding the proven issues were not material enough to go to the root of the contract.
Moor Row Ltd v DWF LLP [2017] ScotCS CSOH_63 (07 April 2017)
Commercial lease dispute over dilapidations and indemnity. The court held the damages and indemnity pleadings were not irrelevant on the lease terms, but reserved proof on actual loss.
AWG Business Centres Ltd v Regus Caledonia Ltd & Anor [2017] ScotCS CSIH_22 (08 March 2017)
The Inner House held that lease wording excluded only initial construction and snagging costs, not later remedial works for latent defects in common parts.
Dem-Master Demolition Ltd v Healthcare Environmental Services Ltd [2017] Scotcs Csoh_14 (31 January 2017)
Preliminary proof on a commercial lease dispute held that clause 6 was not an absolute repairing obligation despite the missing photographic schedule.
@SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd [2015] ScotCS CSIH_91 (11 December 2015)
The Inner House held that a commercial lease required the tenant to put and keep the premises in good and substantial repair, and upheld the landlord’s contractual payment claim.
Mapeley Acquisition Co (3) Ltd v City of Edinburgh Council [2015] ScotCS CSOH_29 (24 March 2015)
The court construed lease repair clauses in favour of the tenant, holding that payment under the dilapidations clause depended on works being carried out or intended.
@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.
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