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Scotland decisions
Decisions matching the current search
Mrs Isabella Paton Kerr Langskaill against Ms Tracy-Anne Black (Sheriff Court Civil) [2025] SCEDIN 009 (21 February 2025)
The sheriff held that the 2011 disposition included the lane, the pursuer had possessed it since 1962, and the defender’s servitude over it had not prescribed.
GLASGOW CITY COUNCIL AGAINST VFS FINANCIAL SERVICES AND OTHERS AND WEST DUNBARTONSHIRE COUNCIL AGAINST VFS FINANCIAL SERVICES LTD AND OTHERS [2020] ScotCS CSOH_92 (11 November 2020)
Court of Session held that cartel damages claims by Glasgow City Council and West Dunbartonshire Council had prescribed, as earlier public reports were enough to start time running.
Law & Ors v Robertson Construction Eastern Ltd [2017] ScotCS CSOH_70 (28 April 2017)
The Court of Session held that an obligation to execute an overage agreement in missives was not an obligation relating to land and was extinguished by negative prescription.
K v The Marist Brothers & Anor [2017] ScotCS CSIH_2 (12 January 2017)
Inner House decision on prescription and time-bar in a historic abuse claim. The court held the pursuer’s belief did not amount to unsoundness of mind and refused section 19A relief.
Forrest v Fleming Buildings Ltd & Ors [2014] ScotCS CSOH_158 (29 October 2014)
Construction dispute over defective works, architect’s certificates, and alleged losses from a house sale at undervalue. Only the anxiety claim was dismissed.
Thomson v Mooney (AP) [2013] ScotCS CSIH_115 (24 December 2013)
The Inner House held that prescription for a claim based on unjustified enrichment in contemplation of marriage starts when the contemplated marriage fails, not when the money was paid.
Dalgleish or Willemse & Anor v French & Ors [2011] ScotCS CSOH_51 (18 March 2011)
Court of Session held that the title sheet conveyed a servitude right of access over a private road, but issues of vehicular use and extinction required proof.
Pelagic Freezing Ltd v Lovie Construction [2010] ScotCS CSOH_145 (28 October 2010)
The Court of Session repelled the defenders’ prescription pleas in a roof-defects claim, allowing proof before answer on whether the claim had prescribed.
Bain v Bain & Ors [2006] ScotCS CSOH_142 (13 September 2006)
The Court of Session considered whether a deceased proprietor’s right to heritable property had prescribed before 1970, affecting the validity of later missives.
Peart & Anor v. Legge [2006] ScotSC 28 (05 April 2006)
The sheriff held that a 1981 servitude right of access was res merae facultatis and therefore imprescriptible, dismissing the pursuers’ prescription argument.
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