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Scotland decisions
Decisions matching the current search
SHETLAND LEASING AND PROPERTY DEVELOPMENTS LTD v. MALCOLM ALEXANDER YOUNGER [2014] ScotSC 5 (14 January 2014)
Sheriff Mann held that the section 4 notice was valid, the tenant’s defences were irrelevant, and the landlord was entitled to declarator that the lease had ended and to summary ejection.
STEPHEN JOHN SCOTT & SUSAN JANE SCOTT v. MR GRAHAM MUIR & MRS MAUREEN McLEOD BAIN [2011] ScotSC 192 (07 December 2011)
The Sheriff Principal held that a pre-irritancy warning notice was invalid because it did not specify the payment period or adequately identify the sums due.
Tawne Overseas Holdings Ltd v The Firm of Newmiln Farms & Ors [2008] ScotCS CSOH_12 (25 January 2008)
The court held that the landlord failed on statutory notice requirements, penalty clause arguments, and waiver, and the defenders were assoilzied in all four actions.
Perth City Wall Ltd v Smart Events Ltd [2001] ScotCS 172 (29 June 2001)
The court held that a notice of irritancy failed to satisfy mandatory statutory timing requirements, so the lease was not validly terminated and the action was dismissed.
Strathmore Building Services Ltd v Greig [2000] ScotCS 133 (25 May 2000)
The Court of Session refused a motion to sist a construction payment claim for arbitration, holding that no real dispute arose because withholding-notice requirements were not met.
Brady v National Coal Board [1999] ScotCS 135 (4 June 1999)
The Court of Session allowed an appeal in a coal subsidence compensation case, ordering proof before answer and holding the notice defect was not fatal.
Viscountess Cowdray v. Ferries [1918] ScotLR 261 (05 February 1918)
The Court of Session held that a tenant’s claim for compensation for unreasonable disturbance was out of time because notice was not given within two months of the landlord’s final refusal to renew.
Moss' Empires, Ltd v. Walker and Others [1916] ScotLR 298 (18 January 1916)
The Court of Session held that a challenge to a valuation roll entry was competent where the assessor allegedly failed to send the statutory notice of increase.
Robertson v. Petitioner [1909] ScotLR 356 (30 January 1909)
The Court of Session granted a bankruptcy petition under its nobile officium after notices were omitted from the Gazettes because of clerical error, with no prejudice shown.
Cran v. Watt [1901] ScotLR 38_593 (17 May 1901)
The Court of Session held that notice published on Friday in one week and Wednesday in the next satisfied a statute requiring notice “for two successive weeks.”
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