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Scotland decisions
Decisions matching the current search
Robin Alexander Lovie Falconer against Garry Neil George and another (Sheriff Court Civil) [2025] SCELG 96 (07 January 2022)
The sheriff granted ejection against occupiers of a plot at Sweethillock, holding the pursuer had prima facie title and the defenders had no right to remain.
ONESAVINGS BANK PLC AGAINST JOHN BURNS & Anor [2017] ScotSC 20 (05 April 2017)
A sheriff dismissed Onesavings Bank plc’s summary application, holding that assignations of the standard security did not vest title to sue in the bank.
WESTFOOT INVESTMENTS Ltd against EUROPEAN PROPERTY HOLDINGS INCORPORATED& [2015] ScotSC 58 (02 September 2015)
The sheriff granted Westfoot Investments possession of Edinburgh security subjects after default on a commercial bridging loan, but refused ejection as unnecessary.
JUDGMENT OF SHERIFF PHILIP MANN IN CAUSA UK ACORN FINANCE Ltd AGAINST CHARLES ALEXANDER SMITH [2014] ScotSC 61 (16 July 2014)
Sheriff Mann held that the pursuer retained title to sue as creditor in the standard security, despite assigning the underlying personal obligation to a third party.
PERSIMMON HOMES + CHARLES CHURCH DEVELOPMENTS v. BJR REALISATIONS LTD + SEAN DONAGHEY [2013] ScotSC 80 (03 October 2013)
The Sheriff Principal held that a common-law crave for ejection could competently be included in the same summary application as a section 24 mortgage enforcement warrant.
Blackburn v. Cowie [2006] ScotSC 77 (24 May 2006)
A Sheriff Principal held that a permanent trustee did not need to be infeft to seek ejection of a person with no right to occupy, and refused the appeal.
Dawson v. Shaw [2005] ScotSC 9 (02 February 2005)
The sheriff principal partly allowed an appeal against summary decree, holding that late adjustments and the wider record should have been considered after the options hearing was rescheduled.
Abbey National Plc v Arthur & Anor [1999] ScotCS 245 (21 October 1999)
The Court of Session refused an appeal against interdict and ejection proceedings, holding that sequestration did not defeat the secured creditor’s rights.
White v Stevenson [1955] ScotCS CSIH_9 (17 November 1955)
The court held that a bankrupt’s occupation of heritable property vested in the trustee was precarious, so ejection was competent during sequestration.
Price v Watson [1951] ScotCS CSIH_2 (27 February 1951)
The Court of Session held that one pro indiviso co-owner cannot use ejection against another co-owner in exclusive possession; the proper remedy is division and sale.
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