Court of Session: Outer House
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Possfund Custodian Trustee Ltd v Kwik-Fit Properties Ltd
Landlord and tenant – Inspection
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Douglas Shelf Seven Ltd v Co-operative Wholesale Society Ltd
Commercial lease – Supermarket anchor store in shopping centre – Keep-open clause requiring defender to keep supermarket open for retail trade during usual business hours – Supermarket sublet – Subtenant…
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Ben Cleuch Estates Ltd v Scottish Enterprise
Termination of lease — Break clause — Failure to notify tenant of change of landlord — Tenant notifying wrong company of intention to exercise break option — Whether break clause…
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Castle Inns (Stirling) Ltd (t/a Castle Leisure Group) v Clark Contracts Ltd
Building contract — Dispute — Adjudicator ordering claimant to pay his fees and expenses — Contract between parties providing for sharing of fees and expenses — Whether claimant entitled to…
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Ritchie Bros (PWC) Ltd v David Philp (Commercials) Ltd
Adjudication under construction contract — Time limits — Whether adjudicator’s decision given out of time — Dates from which time running — Whether late decision ultra vires Decree de plano…
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Edinburgh City Council v Scottish Ministers
Listed building enforcement notice — Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997 — Planning consent granted subject to conditions — Whether reporter erred in law — Whether conditions invalid…
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Edinburgh City Council v Scottish Ministers
Listed building — Enforcement notice — Reporter concluding listed building consent ought to be granted for works and overturning enforcement notice — Whether reporter applying correct test — Whether conditions…
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R v East Lothian Council, ex parte Scottish Coal Co Ltd
Breach of condition notices — Section 145(2) of Town and Country Planning (Scotland) Act 1997 — Failure to specify remedial steps in notice — Alleged non-compliance with notices — Whether…
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Royal Society for the Protection of Birds and another v Secretary of State for Scotland
Birds directive — Judicial review — Protection and conservation of wildlife — Directives 79/409/EEC and 92/43/EEC — Grant of licences to shoot barnacle geese — Lawfulness of the procedures adopted…
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County Properties Ltd v Scottish Ministers
Human rights — Listed building consent application — Objection by Historic Scotland — Call-in decision by Scottish ministers — Non-determination of planning application — Reporter appointed by Scottish ministers –…
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Re Inverness, Loch Ness and Nairn Tourist Board and others
Town and country planning — Application for a fish farm — Regional council adopting policy covering fish farms — Planning permission granted — Judicial review — Whether decision to adopt…
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Reside v North Ayrshire Council
Purchase notice — Section 170 of the Town and Country Planning (Scotland) Act 1972 — Purchase notice served within 12 months of planning appeal decision — Whether planning refusal or…