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Trade Development Bank v Warriner and Mason (Scotland) Ltd 12

[1979] ScotCS CSIH_3; [1980] SLT 223; [1980] SC 74

Scottish Court of Session

United Kingdom - Scotland

21st December, 1979

Cases Referring to this Case

Case Name	Citation(s)	Court †	Jurisdiction	Date	Full Text		Citation Index
Reclaiming Motion by Bam TCP Atlantic Square Ltd Against British Telecommunications PLC; and Firleigh Ltd	[2021] ScotCS CSIH_44	Scottish Court of Session	United Kingdom - Scotland	20 Aug 2021	BAILII
Bam TCP Atlantic Square Ltd Against (First) British Telecommunications PLC (Rev 1)	[2020] ScotCS CSOH_57	Scottish Court of Session	United Kingdom - Scotland	29 May 2020	BAILII
Matossian v Matossian	[2016] ScotCS CSOH_21	Scottish Court of Session	United Kingdom - Scotland	28 Jan 2016	BAILII
Gibson v The Royal Bank of Scotland Plc	[2009] ScotCS CSOH_14	Scottish Court of Session	United Kingdom - Scotland	3 Feb 2009	BAILII
Bell v Inkersall Investment Ltd	[2007] ScotCS CSIH_60	Scottish Court of Session	United Kingdom - Scotland	13 Jul 2007	BAILII
Advice Centre for Mortgages Ltd v McNicoll	[2006] ScotCS CSOH_58; [2006] SCLR 602; [2006] CSOH 58	Scottish Court of Session	United Kingdom - Scotland	6 Apr 2006	BAILII
Rodger v Paton	[2004] ScotCS 135	Scottish Court of Session	United Kingdom - Scotland	8 Jun 2004	BAILII
Optical Express (Gyle) Ltd v Marks & Spencer Pcl	[2000] ScotCS 35	Scottish Court of Session	United Kingdom - Scotland	8 Feb 2000	BAILII

Law Reform Reports Referring to this Case

Journal Article Title	Citation(s)	Author †	Jurisdiction	Date	Full Text		Citation Index
- Heritable Securities: Pre-default (Discussion Paper)	[2019] SLC 168	Scottish Law Commission	United Kingdom - Scotland	circa 2019	BAILII
- Land Registration: Miscellaneous Issues	[2005] SLC 130	Scottish Law Commission	United Kingdom - Scotland	circa 2005	BAILII
- Land Registration: Void and Voidable Titles	[2004] SLC 125	Scottish Law Commission	United Kingdom - Scotland	circa 2004	BAILII
"attractive" remedy than it is at present, by placing it closer to other remedies for breach of a lease, for example rescission Reforming the law so as to provide that rights or liabilities which have accrued prior to the irritancy are not affected would mean that a relevant claim for damages could be made So the landlord, in that scenario, would achieve both the removal of the tenant (as with irritancy presently) and also be able to recover any debts due [271] As noted above, it is generally agreed by stakeholders that irritancy is (and should be) a remedy of last resort Our 2003 Report described the primary function of irritancy as a "compulsitor	[1992] SLC 191	Scottish Law Commission	United Kingdom - Scotland	circa 1992	BAILII

Cases and Articles Cited

Case Name	Citation(s)	Court †	Jurisdiction	Date	Full Text		Citation Index
- Heritable Securities: Pre-default (Discussion Paper)	[2019] SLC 168	Scottish Law Commission	United Kingdom - Scotland	circa 2019	BAILII
- Land Registration: Miscellaneous Issues	[2005] SLC 130	Scottish Law Commission	United Kingdom - Scotland	circa 2005	BAILII
- Land Registration: Void and Voidable Titles	[2004] SLC 125	Scottish Law Commission	United Kingdom - Scotland	circa 2004	BAILII
"attractive" remedy than it is at present, by placing it closer to other remedies for breach of a lease, for example rescission Reforming the law so as to provide that rights or liabilities which have accrued prior to the irritancy are not affected would mean that a relevant claim for damages could be made So the landlord, in that scenario, would achieve both the removal of the tenant (as with irritancy presently) and also be able to recover any debts due [271] As noted above, it is generally agreed by stakeholders that irritancy is (and should be) a remedy of last resort Our 2003 Report described the primary function of irritancy as a "compulsitor	[1992] SLC 191	Scottish Law Commission	United Kingdom - Scotland	circa 1992	BAILII
Wallace v Simmers	[1960] SC 258		United Kingdom - Scotland	circa 1960			1
Selby's Heirs v Jollie	[1795] Mor 13438		United Kingdom - Scotland	circa 1795			1
Soues v Mill	(1903) 11 SLT 98		United Kingdom - Scotland	circa 1903	Westlaw		3
Cumming v Stewart	[1928] SC 296		United Kingdom - Scotland	circa 1928			1
Varney (Scotland) Ltd v Burgh of Lanark	[1976] SLT 46		United Kingdom - Scotland	circa 1976	Westlaw		5
Ritchie v Scott	1 F 728			circa 1992			5
Wallace v Simmers	[1960] SC 255		United Kingdom - Scotland	circa 1960			10
Edinburgh Entertainments v Stevenson	[1926] SC 363		United Kingdom - Scotland	circa 1926			5
Waugh v More Nisbett	(1882) 19 SLR 427		Singapore - Singapore	circa 1882	LexisNexis		3
Duke of Hamilton v Johnston	(1877) 14 SLR 298		Singapore - Singapore	circa 1877	LexisNexis		1
Cardross v Hamilton	[1711] Mor 1747		United Kingdom - Scotland	2 Jan 1711	BAILII		1
Campbeltown Coal Co Ltd v Duke of Argyll	[1926] SC 126		United Kingdom - Scotland	circa 1926			2

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