Mitchell Skilling

A couple that bought a property in Auchendinny only to find a substantial quantity of Japanese Knotweed on the grounds have been allowed to progress with an action raised against the sellers based on a breach of the terms of sale.

A commercial judge has held that a structural engineer hired for an Edinburgh building project could not be compelled to execute and deliver a collateral warranty in favour of the landowner over five years after the conclusion of a contract between the engineer and the project’s contractor in

A community interest company set up to protect the interests of Scottish wildcats has had a petition seeking to reduce a grant of consent for a windfarm to be built in or near a known wildcat habitat refused.

A lord ordinary has ruled that the assignee of a property development company had a sufficiently relevant case for a proof in an action in which he alleged a fellow director had dishonestly acquired a development site for his own company, resulting in the administration of the company they were bot

The Sheriff Appeal Court has refused an appeal by a housing developer against a sheriff’s summary decree ordering it to pay £100,000 to a local authority as part of an agreement concerning a local housing development the authority granted it planning permission for. Guild Homes (Tayside)

A lord ordinary has found that an electrical contractor could not be held liable for injuries suffered by a solar panel engineer it subcontracted to perform work for it when he fell on a wet metal roof during a solar panel installation.

The son of a couple who sold part of their farmland to the Highland Council as part of a road development has been unsuccessful in an action seeking declarator that he had an unrestricted servitude of access over adjacent land also acquired by the council during the construction process.

A Lord Ordinary has ruled that the widow of a man who died from mesothelioma arising from asbestos exposure during his employment is entitled to seek damages despite an earlier action raised while the deceased was alive being settled.

The widow of a man who died falling through a fragile roof while carrying out maintenance work has been allowed to proceeded to a hearing on the evidence after a dispute over the nature of his employment arose.

A commercial judge’s decision that a clause in a road work contract stating that certain monies were to be returned to “the Contractor”, meaning a joint venture, should be interpreted instead as a relevant contractor company that was part of that joint venture has been overturned

An appeal against a Lands Tribunal decision imposing an agreement allowing the installation of a mobile phone mast on top of the Marks and Spencer store on Princes Street, Edinburgh, has been refused by the Inner House of Court of Session.

A property investor who sought the reduction of three personal guarantees granted by him to the Royal Bank of Scotland has been unsuccessful in establishing misrepresentation in an action before the Outer House of the Court of Session.

The UK Supreme Court has unanimously dismissed an appeal by HM Revenue and Customs against a decision that items constructed for the collection and transmission of water through a hydroelectric power station in Fort Augustus were not tunnels or aqueducts for the purposes of the Capital Allowance Ac

A building company that was hired to build an extension for a house has been successful in an Outer House action in which it sought over £370,000 from a client following adjudication in its favour.

A commercial judge has dismissed a £400 million action by an offshore energy company that alleged it had suffered loss by means of an unlawful means conspiracy perpetrated by another company and its partners in a bidding process for offshore wind farm sites.