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Scotland Case Law

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Civil procedure [2024] ScotSAC Civ 18

EMMA ALEXANDER AND OTHERS v NEIL FARROLL AND ANOTHER

EMMA ALEXANDER AND OTHERS v NEIL FARROLL AND ANOTHER [2024] ScotSAC Civ 18 (25 April 2024)

The Sheriff Appeal Court dismissed a civil appeal concerning housing legislation, holding that the sheriff had not erred in law and affirming the decision below.

  • Appeal
  • Housing
  • Landlord and tenant
  • Civil-appeal
  • Housing-law
  • Landlord-and-tenant
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Property law [2024] SC INV 17

EH1 PROPERTIES LTD AGAINST ALEXANDRA MARY MCLEAN OR ROBBERTS & Ors

EH1 PROPERTIES LTD AGAINST ALEXANDRA MARY MCLEAN OR ROBBERTS & Ors [2024] SC INV 17 (02 April 2024)

The sheriff court granted EH1 Properties Ltd possession of the property and ordered the respondents to vacate, finding the lease validly terminated and arrears established.

  • Landlord and tenant
  • Eviction
  • Possession proceedings
  • Landlord-and-tenant
  • Possession-proceedings
  • Property-law
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Property law [2024] SC INV 17

EH1 PROPERTIES LTD AGAINST ALEXANDRA MARY MCLEAN OR ROBBERTS & Ors

EH1 PROPERTIES LTD AGAINST ALEXANDRA MARY MCLEAN OR ROBBERTS & Ors [2024] SC INV 17 (02 April 2024)

The sheriff granted EH1 Properties Ltd decree for recovery of possession, ordering the defenders to vacate the property after finding unlawful occupation.

  • Landlord and tenant
  • Possession proceedings
  • Property-law
  • Landlord-and-tenant
  • Possession-proceedings
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Property law [2023] ScotCS CSOH_19

ASHTENNE CALEDONIA LTD AGAINST DENNY ENTERPRISES INT'L LTD

ASHTENNE CALEDONIA LTD AGAINST DENNY ENTERPRISES INT'L LTD [2023] ScotCS CSOH_19 (08 March 2023)

The court repelled objections 1, 2 and 5 in this dilapidations claim and directed apportionment of an agreed £5,310.69 for the remaining objections.

  • Dilapidations
  • Landlord and tenant
  • Warehouse lease
  • Landlord-and-tenant
  • Commercial-property
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Property law [2019] ScotSAC Civ 37

SHINE PROPERTIES LTD v BIGGAR MUSEUM TRUST

SHINE PROPERTIES LTD v BIGGAR MUSEUM TRUST [2019] ScotSAC Civ 37 (11 November 2019)

The Sheriff Appeal Court dismissed an appeal against decree for repossession, holding that the sheriff had not erred in finding the lease validly terminated.

  • Appeal
  • Landlord and tenant
  • Lease
  • Repossession
  • Property-law
  • Landlord-and-tenant
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Property law [2019] ScotCS CSOH_49

GATSBY RETAIL LTD AGAINST THE EDINBURGH WOOLLEN MILL LTD

GATSBY RETAIL LTD AGAINST THE EDINBURGH WOOLLEN MILL LTD [2019] ScotCS CSOH_49 (28 June 2019)

A landlord’s dilapidations claim was held relevant despite a payment made to an incoming tenant under missives and a lease. Only unrelated correspondence averments were excluded.

  • Landlord and tenant
  • Dilapidations
  • Mitigation of loss
  • Entire agreement clause
  • Landlord-and-tenant
  • Mitigation-of-loss
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Property law [2014] ScotCS CSOH_36

Burgerking Ltd v Castlebrook Holdings Ltd

Burgerking Ltd v Castlebrook Holdings Ltd [2014] ScotCS CSOH_36 (25 February 2014)

The Court of Session held that consent to sub-let could be refused where the proposed sub-tenant itself was not shown to be respectable and responsible.

  • Landlord and tenant
  • Sub-letting
  • Consent to sub-lease
  • Reasonableness of withholding consent
  • Landlord-and-tenant
  • Consent-to-sublet
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Property law [2008] ScotCS CSOH_50

Wolanski And Company Trustees Ltd v. First Quench Retailing Ltd

Wolanski And Company Trustees Ltd v. First Quench Retailing Ltd [2008] ScotCS CSOH_50 (26 March 2008)

The Court of Session held that the pursuer’s consent to a sublease assignation extended to the whole transaction, including step-in and guarantee provisions.

  • Landlord and tenant
  • Lease assignation
  • Implied terms
  • Acquiescence
  • Material breach
  • Landlord-and-tenant
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Contract law [2001] ScotCS 176

Co-Operative Wholesale Society Ltd v Ravenseft Properties Ltd & Anor

Co-Operative Wholesale Society Ltd v Ravenseft Properties Ltd & Anor [2001] ScotCS 176 (4 July 2001)

Interlocutory ruling in a rectification action: the court held the defenders’ section 9 averments were relevant enough to proceed to proof before answer.

  • Rectification of documents
  • Keep open clauses
  • Landlord and tenant
  • Reliance and material detriment
  • Law reform (miscellaneous provisions) (scotland) act 1985 s.8 and s.9
  • Rectification-of-documents
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Property law [1998] ScotCS 64

P & O Property Holdings Ltd v Glasgow City Council

P & O Property Holdings Ltd v Glasgow City Council [1998] ScotCS 64 (11 November 1998)

The court held that, while a lease subsists, the tenant remains entitled to possession for rating purposes; the landlord is not liable merely because it can terminate later.

  • Liability for rates
  • Unoccupied property
  • Landlord and tenant
  • Statutory interpretation
  • Landlord-and-tenant
  • Unoccupied-property-rates
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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.