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Scotland Case Law

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Company law [2020] ScotCS CSIH_65

NOTES OF JOSEPH SWEENEY AND DONALDA SWEENEY FOR ORDERS IN RELATION TO THE WINDING UP OF WEST LARKIN LTD

NOTES OF JOSEPH SWEENEY AND DONALDA SWEENEY FOR ORDERS IN RELATION TO THE WINDING UP OF WEST LARKIN LTD [2020] ScotCS CSIH_65 (20 October 2020)

The Inner House refused to require a liquidator to challenge a right-to-buy registration, but ordered assignation of a judgment debt to a paying co-obligant.

  • Liquidator's powers
  • Right to buy
  • Agricultural tenancy
  • Assignation of debt
  • Rectification of register of members
  • Liquidator-powers
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Housing law [2018] ScotCS CSIH_23

CAVEN AGAINST IRVINE HOUSING ASSOCIATION

CAVEN AGAINST IRVINE HOUSING ASSOCIATION [2018] ScotCS CSIH_23 (29 March 2018)

The court held that a tenancy exchange ended the appellant's preserved right to buy, leaving her subject to the suspended modernised right to buy.

  • Right to buy
  • Scottish secure tenancy
  • Transitional provisions
  • Statutory interpretation
  • Right-to-buy
  • Scottish-secure-tenancy
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Housing law [2017] ScotCS CSIH_24

McCallum v The City of Edinburgh Council

McCallum v The City of Edinburgh Council [2017] ScotCS CSIH_24 (21 March 2017)

The Inner House refused an appeal over the right-to-buy discount, holding that army accommodation occupation did not preserve the higher pre-2002 discount.

  • Right to buy
  • Statutory interpretation
  • Tenancy law
  • Discount calculation
  • Transitional provisions
  • Right-to-buy
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Property law [2013] ScotCS CSIH_92

Curran v Angus Estates Tealing Ltd

Curran v Angus Estates Tealing Ltd [2013] ScotCS CSIH_92 (13 November 2013)

The Inner House refused an out-of-time appeal by a putative agricultural tenant, holding the statutory 28-day limit applied and the tenancy claim was irrelevant.

  • Agricultural tenancy
  • Right to buy
  • Time limits for appeal
  • Jurisdiction
  • Existence of lease
  • Agricultural-tenancy
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Property law [1999] ScotCS 297

Souter v Aberdeen City Council

Souter v Aberdeen City Council [1999] ScotCS 297 (15 December 1999)

The Court of Session held that registering a voluntary trust deed for creditors amounted to a disposal of the purchased house under section 72 of the Housing (Scotland) Act 1987.

  • Statutory interpretation
  • Disposal of property
  • Right to buy
  • Trust deed for creditors
  • Repayment of discount
  • Housing-law
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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.