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Scotland Case Law

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Construction law

Entexol Limited against Sked Construction Limited

Court of Session enforcement decision on an adjudicator’s award: the natural justice challenge failed, and decree was granted on the first conclusion.

  • Enforcement of adjudicator’s award
  • Natural justice
  • Contra charges
  • Time at large
  • Summary decree
  • Construction-law
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Contract law [2026] SACCIV 21

Appeal by Anthony Gladwin in the cause Moneybarn No.1 Ltd against Anthony Gladwin (Sheriff Appeal Court Civil)

Appeal by Anthony Gladwin in the cause Moneybarn No.1 Ltd against Anthony Gladwin (Sheriff Appeal Court Civil) [2026] SACCIV 21 (11 March 2026)

The Sheriff Appeal Court refused Anthony Gladwin’s appeal against summary decree in Moneybarn’s favour, holding his pleadings did not disclose a relevant defence.

  • Conditional sale agreement
  • Summary decree
  • Commission disclosure
  • Consumer credit act 1974
  • Unfair relationship
  • Pleading specification
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Contract law [2026] SACCIV 19

Ash Healthcare LTD against Stag Hotel LTD (Sheriff Appeal Court Civil)

Ash Healthcare LTD against Stag Hotel LTD (Sheriff Appeal Court Civil) [2026] SACCIV 19 (30 January 2026)

The Sheriff Appeal Court refused an appeal against summary decree for payment under missives, holding the contract did not postpone enforcement until the end date.

  • Summary decree
  • Missives
  • Payment obligations
  • Standard security
  • Summary-decree
  • Contract-construction
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Civil procedure [2025] SACCIV 22

Together Commercial Finance LTD against John Smith (Sheriff Appeal Court Civil)

Together Commercial Finance LTD against John Smith (Sheriff Appeal Court Civil) [2025] SACCIV 22 (08 July 2025)

Appeal refused against summary decree in a Scottish repossession and arrears action. The court held the defender had no relevant defence and rejected jurisdictional and pseudolegal arguments.

  • Summary decree
  • Repossession
  • Standard security
  • Jurisdiction
  • Human rights
  • Pseudolegal arguments
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Property law [2025] SACCIV 16

Xafinity Pension Trustees Ltd against Yanli Zhao (Sheriff Appeal Court Civil)

Xafinity Pension Trustees Ltd against Yanli Zhao (Sheriff Appeal Court Civil) [2025] SACCIV 16 (18 June 2025)

An appeal against summary decree for lease irritancy, ejectment, and rent arrears was refused. The court held no relevant defence was pled or proved.

  • Irritancy of lease
  • Eviction
  • Arrears of rent
  • Assignation of lease
  • Summary decree
  • Personal bar
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Contract law [2025] SCKIL 16

New House Purchasers LTD against Jay Margaret Steel (Sheriff Court Civil)

New House Purchasers LTD against Jay Margaret Steel (Sheriff Court Civil) [2025] SCKIL 16 (28 November 2024)

The sheriff granted summary decree for payment under a standard security, holding the defender’s repayment obligation was unqualified, but refused interdict as too wide and premature.

  • Loan repayment
  • Standard security
  • Third party rights
  • Summary decree
  • Interdict
  • Summary-decree
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Civil procedure [2024] ScotSAC Civ 16

NATALIE MANLEY v THOMAS McLEESE

NATALIE MANLEY v THOMAS McLEESE [2024] ScotSAC Civ 16 (16 April 2024)

The Sheriff Appeal Court refused an appeal against summary decree and an award of expenses, holding there was no real prospect of success for the appellant.

  • Appeal
  • Expenses
  • Summary decree
  • Civil-procedure
  • Summary-decree
  • Appeals
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Contract law [2024] ScotCS CSOH_33

KEVIN JONES AND SUSAN JONES AGAINST CRAIGTON HOLDINGS LTD

KEVIN JONES AND SUSAN JONES AGAINST CRAIGTON HOLDINGS LTD [2024] ScotCS CSOH_33 (21 March 2024)

A commercial case on a share purchase agreement: late warranty defences were refused, summary decree was granted for part of the price, and a counterclaim was allowed.

  • Share purchase agreement
  • Warranties
  • Retention
  • Counterclaim
  • Summary decree
  • Share-purchase-agreement
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Banking law [2024] SC EDIN 9

BANK OF SCOTLAND AGAINST ALEXANDER MORRISON

BANK OF SCOTLAND AGAINST ALEXANDER MORRISON [2024] SC EDIN 9 (27 February 2024)

A Scottish Sheriff Court granted summary decree for Bank of Scotland, finding the defender had no real prospect of success and ordering payment and expenses.

  • Loan enforcement
  • Summary decree
  • Summary-decree
  • Debt-recovery
  • Loan-enforcement
  • Scottish-sheriff-court
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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.