Property disputes in Scotland

Acknowledging the importance of Scottish property practice to our customers we are incrementally developing a new set of content on Scots property law for Scottish practitioners.

Toolkits

For easy navigation of all relevant Scots content on Lexis+PSL, see:

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Property in Scotland toolkit a research tool collating guidance on key areas of property law that are specifically relevant to Scotland. The toolkit brings together all practical guidance and styles in the Scottish Property topic
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Scotland toolkit a research tool collating guidance on key areas of law that are specifically relevant to Scotland. The toolkit brings together Scots law content from across a number of practice areas and includes links to Practice Notes, Checklists and Q&As as well as legal articles and analysis on legal issues directly affecting Scotland

The experts and market standard

The scope and content of the Property disputes in Scotland topic is being developed in collaboration with the following leading Property experts in Scottish property practice.

Recognising that the Property Standardisation Group (PSG) (in collaboration with a number of other professional bodies including the Law Society of Scotland, the Scottish Property

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Latest Property Disputes News

BPF responds to Law Commission's consultation on right to renew business tenancies

The British Property Federation (BPF) has responded to the Law Commission’s consultation on the right to renew business tenancies under the Landlord and Tenant Act 1954 (LTA 1954). The BPF contends that security of tenure should not be the default position for commercial leases. It recommends shifting from an 'opt-out' to an 'opt-in' approach and excluding leases of five years or less from security of tenure. The BPF asserts that this approach would streamline the leasing process, facilitate the decarbonisation of buildings, simplify town centre redevelopment and repurposing, and reduce pressure on the courts. In addition, the BPF argues that the LTA 1954 makes it difficult for property owners to introduce green clauses into leases or access properties for retrofitting to improve environmental sustainability. The BPF also strongly opposes the Law Commission’s proposal for mandatory security of tenure, stating that it would restrict property owners’ ability to manage their property effectively and reduce investment in the commercial property sector.

Property Disputes weekly highlights—20 February 2025

This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision concerning landlord and tenant notices, service and deeming clauses, High Court decisions concerning whether a property was held on constructive trust, injunctions imposed in respect of acts of trespass by entering and clearing vegetation on a claimant's land in a boundary dispute, the grant of a final injunction to prevent ‘persons unknown’ from trespassing and an unsuccessful professional negligence claim against a law centre and barrister in relation to forfeiture proceedings. It also includes the significant changes to CPR 25 (interim remedies and security for costs) that will come into force on 6 April 2025, and an analysis of the application of the ‘just and equitable’ test for remediation contribution orders under the Building Safety Act 2022.

Building Safety Act 2022—application of the ‘just and equitable’ test for remediation contribution orders

Construction analysis: Section 124 of the Building Safety Act 2022 (BSA 2022) allows the First-tier Tribunal to make remediation contribution orders (‘RCOs’) where it considers it ‘just and equitable’ to do so. In this article, Marcus Birch, consultant at BCLP, considers the recent First-tier Tribunal decision in Grey GR Ltd Partnership v Edgewater (Stevenage) and others which provides long-awaited guidance on how the tribunal will apply the ‘just and equitable’ test in fire safety cases involving large numbers of respondents.

Property held on constructive trust or transaction at undervalue? (Palmer and another (in their capacity as joint trustees in bankruptcy of Shaun Collins) v Sans)

Restructuring & Insolvency analysis: The High Court in Palmer and another (in their capacity as joint trustees in bankruptcy of Shaun Collins) v Sans deals with the question of whether the bankrupt (Mr Collins) held the property being Flat 2, Chestnut House, Whimbrel, London, SE28 8JE (the property), on trust for the respondent (Mr Sans) as at the time it was acquired by the bankrupt in 2013. The High Court held that the particular facts of this case support the creation of a trust, such that the property was held on a constructive trust for the benefit of the respondent. As the beneficial interest was already vested in the respondent, the legal transfer was irrelevant under section 339 of the Insolvency Act 1986 (IA 1986), as on the true analysis, the transfer was merely a formality. Accordingly, the trustees in bankruptcy’s application pursuant to IA 1986, s 339 failed. Written by Katherine Traynor, barrister at Landmark Chambers.

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