Martha Magaisa as executrix-dative of the late Tanyaradzwa Magaisa against Lord Stewart of Dirleton KC, the Advocate General for Scotland (Sheriff Appeal Court Civil)
Martha Magaisa as executrix-dative of the late Tanyaradzwa Magaisa against Lord Stewart of Dirleton KC, the Advocate General for Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 30 (12 May 2026)
The Sheriff Appeal Court held that the appeal raised a novel and complex issue about transmissibility of non-patrimonial claims and remitted it to the Court of Session.
- Transmissibility of non-patrimonial claims
- Executor's title to sue
- Statutory interpretation
- Damages (scotland) act 2011
- Remit to court of session
- Executor-title-to-sue