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Scotland decisions
Decisions matching the current search
Graham Ross McAteer against Matthew Chyla (Sheriff Appeal Court Civil) [2026] SACCIV 12 (18 February 2026)
The Sheriff Appeal Court refused an appeal over a share purchase agreement, holding the defender’s pleadings on rescission, restitution, and fraud were insufficiently specified.
APCOA PARKING (UK) LTD AGAINST CROSSLANDS PROPERTIES LTD [2021] ScotCS CSOH_77 (30 July 2021)
The Outer House refused APCOA Parking’s rescission claim over car park defects, holding the proven issues were not material enough to go to the root of the contract.
RAMOYLE DEVELOPMENTS LTD AGAINST SCOTTISH BORDERS COUNCIL [2020] ScotCS CSIH_9 (12 February 2020)
The Inner House held that an online planning application was submitted in time even though the fee was unpaid, so the council could not rescind the missives.
RAMOYLE DEVELOPMENTS LIMITED AGAINST SCOTTISH BORDERS COUNCIL [2019] ScotCS CSOH_1 (08 January 2019)
The Court of Session held that online submission of a planning application satisfied a contractual deadline, even though the fee had not yet been received.
IFTIKHAR AGAINST CIP PROPERTY (AIPT) LIMITED [2017] ScotCS CSOH_148 (05 December 2017)
The Court of Session held that the defender validly resiled from a property sale after the pursuer failed to provide satisfactory KYC information by the deadline.
East Dunbartonshire Council v Gladale (North Division) Ltd [2011] ScotCS CSOH_56 (24 March 2011)
The court held that time was not of the essence for Phase 3 vacant possession, so any failure by the Council was not a material breach entitling Gladedale to rescind.
Fiat Auto Financial Services v. Connelly Senior [2006] ScotSC 104 (19 December 2006)
A sheriff held that a defective Fiat Stilo was not of satisfactory quality or fit for purpose, and that the buyer’s right to reject had not been lost.
Black v. McGregor [2006] ScotCS CSIH_45 (06 October 2006)
The Court of Session held that a seller could not claim contractual interest after rescission where no re-sale of the property had occurred.
Murdock & Anor v McQueen [2004] ScotSC 72 (08 November 2004)
Interlocutory judgment on a property missives dispute. The sheriff allowed proof before answer, rejected one rescission ground, and held waiver and personal bar pleas were relevant.
Smith v Sim [1954] ScotCS CSOH_7 (25 May 1954)
The court held that a pursuer may sue for damages for fraudulent misrepresentation without rescinding the contract first under Scots law.
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