Duffus Inn ‘illegally sub-let’ to councillor says solicitor in Elgin Sheriff Court hearing

A solicitor has claimed a pub was “illegally sub-let” to a Moray councillor, in an allegation made during a hearing of a civil case at Elgin Sheriff Court.

Emma Boffey made the claim, about Councillor Elaine Kirby, while representing Ali and Sons Holding Limited in a case concerning East Coast Heritage (Scotland) Limited’s tenancy of the Duffus Inn.

Ms Boffey confirmed that, despite the property having been returned to her client, she was still seeking court orders to end the lease over a breach of contract, to repossess the property, and to have rent arrears repaid.

David Mackman, director of East Coast Heritage (Scotland) Limited, represented himself at the virtual hearing.

The case called as a peremptory diet, prompted by Mr Mackman’s solicitors withdrawing before the last hearing on February 21, 2025.

Mr Mackman said he was surprised to learn that the hearing was going ahead, claiming he had made a “gentleman’s agreement” with Ali and Sons director Mohamed Ali which he believed would see the case brought to a close.

He claimed that the agreement was that Mr Ali would stop all actions if the property was returned alongside “£10,000 within the next 12 months on best endeavours”.

“But it was on the basis that everything just got… we put all our weapons down, put all the boxing gloves down,” Mr Mackman added.

“I didn't seek to purchase the property anymore, and he didn't seek to recover any costs or arrears or anything.

“That was the basis of the arrangement.”

Ms Boffey said she had not been told about any arrangement but was instructed to take a “belt and braces approach” that would see the court orders “insisted upon”.

The choice of approach, the solicitor said, came as: “There have been some significant difficulties with getting back possession of the property.”

She added: “There had been some difficulties, of course, my Lord, in this property in that it was occupied not by the defender,” she added.

“This was a property that was illegally sub-let to a Miss Elaine Kirby.”

Councillor Elaine Kirby was elected as Conservative member for Elgin City South at a by-election on November 8, 2024.

Sheriff Gordon Fleetwood continued the peremptory diet for two weeks, to allow for Ms Boffey and Mr Mackman to discuss whether the action could come to an end through an agreement.

The case is set to call again on April 4.