Sheriff Appeal Court upholds validity of executor’s notice to quit, affirming ratification by confirmation

By Ross McCormick

The appellant was served with a notice to quit a room he had leased in a Crail hotel a few months after the death of the hotel’s owner in 2024. After the appellant’s arguments that the notice was invalid on account of the owner’s executor remaining unconfirmed at the time of service were rejected, his case came before the Sheriff Appeal Court.

The appeal was heard by Sheriff Principal Gillian Wade KC, with the appellant appearing in person and Anderson, advocate, appearing for the respondent.

Retrospective validation

In July 2024, the appellant took a lease of a room at the Marine Hotel in Crail for a period of a year. The hotel’s proprietor, Morgan Chalmers, died shortly thereafter. In December 2024, Mr Chalmers’ unconfirmed executor-nominate, the respondent, gave orders to sheriff officers to serve a notice to quit on the appellant. Only five months later, however, was the respondent confirmed as Mr Chalmers’ executor.

After the appellant refused to move out, the respondent raised a summary cause action to recover possession of the subjects. Legal argument on agreed facts proceeded in December 2025 and resulted in the sheriff granting decree for the respondent. Although the respondent had no formal title to the hotel when the notice to quit was served, that defect was, in effect, ‘cured’ by the subsequent grant of confirmation, which operated retrospectively to validate the notice.

On appeal to the Sheriff Appeal Court, the appellant advanced several submissions in support of his position that the sheriff had been wrong to grant decree. Authorities cited in the sheriff’s decision, including Bentley v Macfarlane (1964), did not support the extension of the retrospective validation principle beyond existing limits. Previous cases had concerned situations involving “imperfect” titles or simple administrative defects; there was no case to date, the appellant submitted, that provided support for the ability of an unconfirmed executor to perform acts that affected substantive possessory rights.

In policy terms, the appellant argued, affirming too capacious a view of retrospective validation would create uncertainty in common-law tenancies, for the validity of a notice to quit could not be determined at the time of service but would instead be contingent on the subsequent grant of confirmation. Since the respondent’s purported notice to quit was invalid, the appellant submitted, his tenancy of the room had continued beyond July 2025 by way of tacit relocation. The sheriff was wrong, therefore, to grant decree for recovery of possession.

No authority for appellant’s propositions

Sheriff Principal Gillian Wade KC began her decision by noting that: “[A]lthough there is authority in relation to the effect of confirmation on antecedent acts of an unconfirmed executor neither party was able to bring to the court’s attention any authority directly in point in relation to the service of a notice to quit. The question as to whether subsequent confirmation of an executor retrospectively validates service of a notice to quit by an unconfirmed executor requires to be answered by analogy.”

Noting the power to remove tenants conferred on executors-nominate qua trustees under section 4 of the Trusts (Scotland) Act 1921, she continued: “Confirmation operates to vest the title to the deceased’s estate in the executor for the purposes of its administration and disposal thereof. The effect of confirmation on acts of the executor prior to confirmation is expressly dealt with in Currie on Confirmation of Executors (9th Edition) at 14.03: ‘…confirmation granted subsequently will validate the purported dealing or transfer retrospectively’ … There is therefore no doubt that it is long established that actings of an executor before confirmation are retrospectively vindicated thereafter on the basis that the executor has an underlying good title which is simply ratified by the granting of confirmation.”

She added: “In my opinion, standing th[e] authority [of Garvie’s Trs v Garvie’s Tutors (1975)], which is binding on this court, a notice to quit, which had the effect of intimating to the appellant that formal steps were in train to terminate his lease is a good notice proceeding as it did on an underlying sound title and is capable of retrospective validation by the subsequent grant of confirmation … There was no contrary authority cited to support the proposition advanced by the appellant that only administrative acts could be retrospectively validated and for those reasons it is my opinion that the sheriff was correct in both his reasoning and his conclusions.”

Turning to evaluate the appellant’s arguments regarding tacit relocation, Sheriff Principal Wade reasoned: “[T]he arguments which the appellant sought to advance and which he maintained constituted a stateable defence to the action are fundamentally flawed. He suggests that tacit relocation had operated to renew the lease on the same terms and conditions for a further year because he had served notice on the respondent to that effect on 29 June 2025. The operation of tacit relocation is dependent on a failure of the parties to give notice of termination and silence or at least a lack of agreement as to the position at ish. In this case there was a valid notice to quit. That is the generally accepted means by which notice is given. Even if the notice had been flawed in some way, which it was not, it was clear in its terms and would have been sufficient to exclude the operation of tacit relocation following Rockford Trilogy Ltd v NCR Ltd (2022).”

The appeal was accordingly refused.

Mitchells Roberton appoints Derek Hanlan as tax director

A law graduate of the University of Glasgow and member of the Chartered Institute of Taxation (CIOT), Mr Hanlan also serves on its Scottish Technical Sub-Committee, contributing to the development of tax policy and guidance.

Ronald Inglis, chairman of Mitchells Roberton, said: “Derek’s appointment is a significant step forward for the firm. We have been looking to secure the right individual with the right skillset to lead and grow our tax capability for some time, and Derek is an excellent fit.

“Private client work is at the heart of what we do, and Derek’s expertise will complement and enhance that offering. With anticipated changes and increased focus on areas such as inheritance tax and pensions planning, his insight will be invaluable to our clients.

“We have enjoyed a strong year at Mitchells Roberton and are committed to building on that success. As an independent, locally rooted firm, investing in high-calibre people like Derek is central to our continued growth.”

Mr Hanlan said: “I am delighted to be joining Mitchells Roberton at such an exciting time in its development. The firm has a strong reputation in private client work and a loyal client base, and I look forward to helping build on that.

“There is increasing complexity in the tax landscape, particularly around inheritance tax, capital gains and long-term wealth planning. My focus will be on delivering clear, practical advice to clients while growing the firm’s tax services in a strategic and sustainable way.

“I’m also looking forward to developing the team further as we expand the offering in the years ahead.”

Scottish Legal Awards 2026 draw closer as finalists announced

Sponsored by Denovo, this years awards will take place on Thursday 17th September at the Doubletree by Hilton, Glasgow Central, bringing together hundreds of legal professionals from across Scotland to celebrate excellence, innovation and achievement across the sector.

Following a rigorous judging process, this year’s finalists represent the very best of Scotland’s legal profession. From outstanding law firms and in-house teams to rising stars, leaders and specialists across a wide range of disciplines, the finalists reflect the depth of talent, expertise and dedication that continues to shape Scotland’s legal landscape.

The Scottish Legal Awards have become a benchmark for excellence, recognising the individuals, teams and organisations that have made a significant contribution to the profession over the past year. For finalists, being shortlisted is a notable achievement in itself, recognising the quality of their work and the impact they have made for clients, colleagues and the wider legal community.

With just seven weeks to go, preparations are well underway for way promises to be an unforgettable evening. The awards offer and opportunity not only to celebrate success but also to reconnect with peers, strengthen professional relationships and recognise the achievements of colleagues from across Scotland.

Demand for tables continues to grow as firms and organisations make plans to attend. Whether celebrating with your team, entertaining clients or supporting this year’s finalists, the Scottish Legal Awards provides the perfect opportunity to recognise excellence while enjoying an evening of networking, entertainment and celebration.

Congratulations to all of this year’s finalists.

Table for the 2026 Scottish Legal Awards are now available and can be booked via the Scottish Legal Awards website.

Company fined after dozens of bats died following house construction work

The property’s tenant was admitted to hospital with bite wounds after more than 150 bats flew into his living quarters and bedroom from the house’s roof structure in which they had been trapped. 

When ecology experts examined the property in Lochmaben, Dumfriesshire, they identified the animals as Soprano Pipistrelle bats which are protected under European law. 

Evidence presented by prosecutors showed around half of the 300 bats in the colony had died of dehydration and starvation. 

This came after work to install solar panels and external cladding blocked off the entrance to the bat roost within the roof of the building. 

At Dumfries Sheriff Court on July 27, City Building (Glasgow), was fined £17,000 after pleading guilty to breaching animal conservation laws between June and July 2023. 

Iain Batho, who leads on animal welfare for the Crown Office, said: “It is the responsibility of those involved in construction work to ensure that due diligence is carried out to prevent the unlawful disturbance of protected wildlife or their habitats. 

“City Building (Glasgow) failed in their duty to carry out that necessary due diligence which negatively impacted on a sizeable maternity roost and resulted in the death of around 150 bats.  

“This impaired the ability of these bats to survive and rear their young during the maternity season and will impact significantly on the Soprano Pipistrelle bat population in that area.  

“COPFS takes wildlife crime seriously and action will be taken against individuals or companies where there is sufficient evidence of a crime and where it is in the public interest to do so.” 

 

Domestic abuser who started fire at ex-partner’s home with child inside jailed

Craig Higgs set fire to a barbecue, a bag of coals and other items in the communal stairwell of a property in Musselburgh, East Lothian, on 20 April 2022.

During the trial, the Crown played CCTV footage showing the 37-year-old accused in the area shortly before the fire began. 

The footage captured him walking towards Bellfield Court at 8.26pm and leaving the area at 8.36pm. The Scottish Fire and Rescue Service was called to the scene at 8.43pm, just seven minutes after Higgs was seen walking away.

His former partner and the young child were trapped inside the flat as the building filled with thick smoke, placing their lives at risk.

Firefighters wearing breathing apparatus used an enforcer and an axe to gain entry to the property and rescue them.

Higgs was arrested by police around three hours later and was found to be in possession of a lighter.

Procurator fiscal Sineidin Corrins, said: “Craig Higgs deliberately set a fire which left his former partner and a young child trapped inside their home and placed the lives of other residents in immediate danger.

“This was a calculated and deeply reckless act that put an entire community at risk and could easily have had fatal consequences.

“Domestic abuse takes many forms, but it is always harmful and can have devastating consequences for victims, their families and the wider community.

“Scotland’s prosecutors will continue to do everything we can to hold offenders accountable while supporting those affected through the prosecution process.

“No one should have to live in fear of a partner or former partner, and I would urge anyone affected by this type of offending to seek support.”

Higgs was found guilty of wilful fire-raising, endangering the lives of his former partner, a child and other residents.

He had earlier pleaded guilty to two charges of threatening or abusive behaviour on the first day of trial at the High Court in Edinburgh. 

On 28 July 2026, at the High Court in Edinburgh, Higgs was sentenced to seven years’ imprisonment. A non-harassment order banning him from contacting or attempting to contact his victim was also granted indefinitely.

Inaugural Sir Alexander Stone Lecture this October

Professor Esser was appointed to the Sir Alexander Stone chair in commercial law last year and will be hosting an annual lecture.

The lecture will examine how boards translate corporate purpose into long-term decision-making and sustainable value creation under conditions of uncertainty.

Drawing on empirical research of collaborative projects with the Institute of Directors and the FTSE Women Leaders Review, and academic work on corporate purpose and stakeholder governance, it will argue that purpose only becomes meaningful when boards possess the behavioural and institutional capacity to embed it within governance, strategy and collective judgement.

The lecture explores how the UK’s governance framework, including section 172 of the Companies Act 2006 and the UK Corporate Governance Code, provides a foundation oriented toward long-term value creation, yet significant gaps persist between formal compliance and substantive board effectiveness. It further contends that governance failures frequently stem from behavioural deficiencies rather than structural inadequacies alone, and that cognitive diversity, independent challenge and effective chairmanship are essential conditions for purposeful governance.

Register here

Thorntons climbs Chambers High Net Worth rankings with four partners recognised

The firm gained two new team rankings and an upgraded rating for its offices in Dundee and the surrounding areas, alongside individual recognition for four private client partners, who have been included in the guide for the first time.

Thorntons’ Aberdeen and its Glasgow and Edinburgh teams were both ranked for the first time this year. The Dundee regional team, spanning Dundee, Fife and Angus, moved up from Band 2 to Band 1.

Four Thorntons lawyers were ranked individually for their private wealth expertise:

• Chris Gardiner – Band 1
• Magnus Mackay – Band 2
• Stuart Mackie – Band 2
• Rachel Anderson – Band 2

Audrey Dishington, private client partner and head of Thorntons’ for life services, said: “It is incredibly rewarding to receive this recognition in the Chambers High Net Worth Guide. Our fantastic results reflect the expertise and reach we have built for clients throughout Scotland, and our commitment to providing trusted, high-quality advice. We’re proud that many of our client relationships span several generations.

“Our rankings also underline our ongoing investment in our people. Over the last few weeks, we’ve promoted Corah Franco to partner and Moira McInnes to legal director, both within our private client team. We have also just welcomed legal director David White to our Glasgow office, where we have ambitious plans to grow our private client practice and boost access to our world class legal solutions across the West of Scotland.”

Shell documents reveal alleged pollution risks and $10.9bn decommissioning costs in Niger Delta

A report published by Amnesty International and partner organisations examined internal emails, audits, presentations and confidential reviews disclosed during UK legal proceedings. It alleges that Shell continued operating despite concerns over pipeline integrity, missing infrastructure records, weak leak detection systems and possible staff and contractor involvement in oil theft.

The report, Nigeria: Lifting the Lid, claims Shell was aware of risks from ageing pipelines, including the Nembe Creek Trunk Line, which was internally described as “a basket” case. It says an internal estimate put the cost of decommissioning Shell’s former Nigerian onshore operations at US$10.9 billion, while a separate presentation identified 375km² of mangrove forest affected by pollution.

Shell rejected the allegations, saying: “The characterisation and portrayal of Shell in your letter is not one we recognise. Shell is committed to honesty, integrity and respect for people, and to conducting business in an ethical and transparent manner.”

The company said the findings did not reflect the “challenging operating environment in the Niger Delta at the time”.

Amnesty said the documents challenged Shell’s long-standing position that oil theft and sabotage were the main causes of pollution in the region.

“Shell has long blamed oil theft and sabotage for pollution in the Niger Delta. But these documents cut through years of denial and raise grave questions about what Shell knew, what it allowed to continue, and whether it then sought to walk away from the costs of its toxic legacy,” said Isa Sanusi, director of Amnesty International Nigeria.

The report alleges that Shell allowed illegal connections on pipelines to remain because removing them would cause “considerable system downtime”, affecting oil production.

It also claims that Shell exempted its Nigerian subsidiary, Shell Petroleum Development Company (SPDC), from elements of its own health and safety standards to allow oil to continue flowing through compromised pipelines.

Internal audits cited in the report allegedly identified maintenance backlogs, poor records and more than 1,600 pipeline clamps, including some whose locations were unknown. The report also claims Shell could not verify the condition of hundreds of oil wells and lacked real-time pipeline monitoring systems capable of quickly detecting spills.

Shell sold its Nigerian onshore business, SPDC, to Renaissance Africa Energy in 2025. The organisations behind the report said the divestment should not allow Shell to avoid responsibility for environmental damage caused during its operations.

“Shell cannot be allowed to take the oil, take the profits and leave the pollution behind. Communities in the Niger Delta deserve truth, justice, clean-up and full remedy,” said Olanrewaju Suraju, chairman of the HEDA Resource Centre.

The report calls for reforms to Nigeria’s oil industry oversight, including independent audits of operational and decommissioned infrastructure and a dedicated fund for Niger Delta clean-up.

“In addition to living with unacceptable oil pollution, Nigerians are experiencing extreme heat, deadly flooding and other extreme weather events linked to the global heating caused by the use of Shell’s primary product: fossil fuels,” Mr Sanusi said.

Shell has previously denied that it failed to address pollution and said oil theft and sabotage have been major contributors to environmental damage in the Niger Delta.

Legal action brought by communities in Ogale and Bille against Shell and SPDC remains ongoing in the English courts, with the Bille case due to be heard in March 2027.

Quote of the day

The difference between an icicle and a red-hot poker is really much slighter than the difference between truth and falsehood or sense and nonsense; yet it is much more immediately noticeable and much more universally noticed, because the body is more sensitive than the mind.

A. E. Housman, ‘The Application of Thought to Textual Criticism’ (1921)

And finally… pet pee-ve

From mid-August, owners must carry a bottle of water to dilute urine left in public places. First-time offenders will receive a warning, while repeat breaches will attract a CHF 100 fine.

Mayor Bruno Arrigoni said the measure followed complaints from residents, with hot weather and drought making odours more noticeable, particularly in the town centre.

He said the rule was intended to encourage responsible pet ownership. Similar measures have already been introduced in the Italian cities of Parma and Livorno.

McKinstry Practice Management

You’ve spent years building something real. A reputation, a client base, a team that trusts you. 

But lately, you’ve been wondering what comes next. Retirement? A change of pace? Passing the torch without watching everything you’ve built unravel?

You’re not alone. We work quietly with buyers actively looking to acquire chamber practices across Scotland - people who understand what you’ve built and want to see it continue, not dismantled. Goodwill will be paid for what you’ve earned. And if you’re not ready to walk away entirely, many of our buyers are happy to keep you on as a consultant, on your terms.

No announcements. No unsettled staff. No clients finding out before you’re ready.

Every conversation stays strictly between us.

If you’ve been quietly wondering “what’s next?”,  let’s talk.

Graeme McKinstry
McKinstry Practice Management
07980 833 160
graeme@mckinstrypm.co.uk