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Scotland decisions
Decisions matching the current search
The Court of Session held that a unilateral undertaking by the pursuer curtailed its option rights, making its later notice invalid and defeating the damages claim.
Reclaiming Motion by Nadeem Sarwar against Phlo Technologies LTD and others (Court of Session) [2026] CSIH 20 (22 April 2026)
The Inner House held that waiver and personal bar could not be decided at debate and allowed proof before answer in a dispute over service agreements and warranties.
24 Drury Street LTD and another against Brightcrew (Management) LTD (Sheriff Appeal Court Civil) [2026] SACCIV 9 (28 January 2026)
The Sheriff Appeal Court refused an appeal over lease irritancy, holding the sheriff was entitled to find waiver, personal bar and oppression on the evidence.
Eden Homes (Scotland) 2 LTD against Southside Veterinary Clinic LTD (Sheriff Court Civil) [2026] SCPAI 23 (22 October 2025)
The sheriff held that a provisional liquidator did not create a judicial assignation. The pursuer had title to sue, but the interest award was unenforceable.
Xafinity Pension Trustees Ltd against Yanli Zhao (Sheriff Appeal Court Civil) [2025] SACCIV 16 (18 June 2025)
An appeal against summary decree for lease irritancy, ejectment, and rent arrears was refused. The court held no relevant defence was pled or proved.
GJ against SD and ED (Sheriff Court Civil) [2024] SCAIR 45 (20 March 2024)
The sheriff refused an implied or prescriptive pedestrian servitude over garden ground, found an outbuilding encroached on the pursuer’s land, and ordered its removal.
ARBITRATION APPEAL NO 2 OF 2022 [2023] ScotCS CSOH_68 (06 October 2023)
The Court of Session refused a petition challenging an arbitrator’s part award, holding that the petitioner’s conduct could objectively amount to waiver.
ARBITRATION APPEAL NO 3 OF 2022 [2023] ScotCS CSOH_69 (06 October 2023)
The Court of Session refused a petition challenging an arbitrator’s third part award, holding the arbitrator had jurisdiction and that waiver was not made out.
PACCOR UK LTD AGAINST UNITED UK PROPCO 8 SARL [2021] ScotCS CSOH_124 (14 December 2021)
The Court of Session allowed most of a commercial lease dispute to go to proof, while rejecting arguments on implied security terms, waiver, and notice formalities.
PACCORD UK LTD AGAINST UNITED UK PROPCO 8 SARL [2021] ScotCS CSOH_125 (14 December 2021)
The court held that several defences in a lease dispute were irrelevant, including points about insurance receipts and breach, and the case should proceed to proof.
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