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Scotland Case Law

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Arbitration [2026] CSOH 2

Petition: Arbitration No.1 Of 2025 (Court of Session)

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).

  • Serious irregularity in arbitration
  • Repairing obligations in leases
  • Mutuality of contract
  • Interpretation of lease clauses
  • Arbitration
  • Serious-irregularity
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Construction law [2024] ScotCS CSOH_43

LEONARDO HOTEL MANAGEMENT (UK) LTD AGAINST GALLIFORD TRY BUILDING 2014 LTD AND ANOTHER

LEONARDO HOTEL MANAGEMENT (UK) LTD AGAINST GALLIFORD TRY BUILDING 2014 LTD AND ANOTHER [2024] ScotCS CSOH_43 (19 April 2024)

Court of Session debate on prescription and specification in a cladding defects claim was allowed to proceed to proof before answer.

  • Prescription and limitation (scotland) act 1973
  • Collateral warranties
  • Building defects
  • Repairing obligations in leases
  • Specification of pleadings
  • Joint and several liability
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Property law [2021] ScotCS CSOH_70

KILMAC PROPERTIES LTD AGAINST TESCO STORES LTD

KILMAC PROPERTIES LTD AGAINST TESCO STORES LTD [2021] ScotCS CSOH_70 (16 July 2021)

The Court of Session held that the lease required only ordinary repairs, not extraordinary repairs, because the wording was not clear enough to shift that liability to the tenant.

  • Repairing obligations in leases
  • Ordinary vs extraordinary repairs
  • Contractual interpretation
  • Lease-repairs
  • Ordinary-vs-extraordinary-repairs
  • Contractual-interpretation
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Landlord and tenant [2013] ScotSC 7

GILLIAN DOROTHY MCMILLAN & CHARLES CAMERON MCINTOSH & SCOTT ANTHONY BENZIE v. WILLIAM HILL (SCOTLAND) ACT LIMITED

GILLIAN DOROTHY MCMILLAN & CHARLES CAMERON MCINTOSH & SCOTT ANTHONY BENZIE v. WILLIAM HILL (SCOTLAND) ACT LIMITED [2013] ScotSC 7 (01 February 2013)

Appeal allowed in a commercial lease dispute over repairing obligations and dilapidations. The court held the lease required a satisfactory tenantable state and the claim was not premature.

  • Repairing obligations in leases
  • Construction of lease terms
  • Prematurity of claim
  • Commercial-lease
  • Repairing-obligations
  • Dilapidations
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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.