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Scotland Case Law

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Property law [2025] SCLIV 101

Almond Housing Association LTD against John Docherty (Sheriff Court Civil)

Almond Housing Association LTD against John Docherty (Sheriff Court Civil) [2025] SCLIV 101 (21 October 2025)

A sheriff court held that no Scottish Secure Tenancy arose after a tenant’s death, finding no consensus in idem and granting decree for possession to the landlord.

  • Scottish secure tenancy
  • Succession to tenancy
  • Violent profits
  • Occupancy charge
  • Statutory landlord duties
  • Scottish-secure-tenancy
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Property law [2017] ScotSC 25

ST ANDREWS FOREST LODGES Ltd v GRIEVE & Anor

ST ANDREWS FOREST LODGES Ltd v GRIEVE & Anor [2017] ScotSC 25 (25 April 2017)

The sheriff held that the occupiers’ arrangement was a lease, not a licence, and an assured tenancy under the 1988 Act. Rent was refused; £750 for electricity was awarded.

  • Lease versus licence
  • Assured tenancy
  • Exclusive possession
  • Holiday let
  • Statutory protection under housing (scotland) act 1988
  • Reimbursement of utilities
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Property law [2015] ScotCS CSOH_154

Dem-Master Demolition Ltd v Healthcare Environmental Services Ltd

Dem-Master Demolition Ltd v Healthcare Environmental Services Ltd [2015] ScotCS CSOH_154 (13 November 2015)

The Court of Session considered the construction of a lease repairing clause, the clean-and-tidy obligation, and a claim for violent profits, and ordered further inquiry.

  • Repairing obligations under lease
  • Construction of commercial contracts
  • Irritancy of lease
  • Violent profits
  • Good faith possession
  • Lease-repair-obligations
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Property law [2012] ScotSC 29

NORTHERN HYDROSEEDING LIMITED v. JAMES MCDONALD

NORTHERN HYDROSEEDING LIMITED v. JAMES MCDONALD [2012] ScotSC 29 (28 February 2012)

The sheriff held the defender’s occupation of commercial premises was unlawful, found no concluded contract for sale, and awarded £37,050 in damages.

  • Unlawful occupation
  • Damages assessment
  • Requirements of writing (scotland) act 1995
  • Personal bar
  • Lease validity
  • Violent profits
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Property law [2006] ScotSC 94

Nabb & Ors c. Kirkby & Anor

Nabb & Ors c. Kirkby & Anor [2006] ScotSC 94 (02 November 2006)

Appeal in a Scottish land-registration dispute. The court held rectification required proof, but allowed the violent-profits plea to proceed and rejected the counterclaim challenge.

  • Rectification of land register
  • Delivery of dispositions
  • Mutuality of contract
  • Fraud and carelessness in registration
  • Violent profits
  • Personal bar and waiver
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Civil procedure [2005] ScotSC 9

Dawson v. Shaw

Dawson v. Shaw [2005] ScotSC 9 (02 February 2005)

The sheriff principal partly allowed an appeal against summary decree, holding that late adjustments and the wider record should have been considered after the options hearing was rescheduled.

  • Summary decree
  • Pleadings adjustment
  • Options hearing
  • Late adjustments
  • Heritable property
  • Ejection
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