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A woman who was left permanently disabled after sustaining a “profound and irreversible” brain injury during her birth has had a late application to amend her claim against a health board refused. A judge in the Court of Session ruled that the minute of amendment, which proposed a new “risk di

A motion to remit a £25,000 damages action to the new national personal injury court has been refused by a judge in the Court of Session. Lord Boyd of Duncansby held that the fact that a claim was “small and straightforward” was not in itself enough to justify remit to the sheriff court.

The family of a boy who died in a tragic accident while attending the Royal Highland Show have had a motion for summary against the operators of the event refused. A judge in the Court of Session ruled that the pursuers failed to meet the “high test” required of them for their motion to succeed.

The owner of a farmhouse destroyed by a fire who claimed that the fire service failed to properly extinguish the blaze has had an action for damages dismissed. The pursuers argued that the fire brigade was liable in damages because the fire re-ignited after it had apparently been extinguished, but j

A gymnastics coach has been made the subject of an interim “risk of sexual harm order” after the police successfully challenged a sheriff’s decision to refuse to make the order. The sheriff held that it would not be “just” to impose the interim RSHO because the respondent had been suspende

The niece of a woman who signed a deed disponing of her family home to other members of the family has been granted decree of reduction on the grounds that her aunt was “incapax” at the relevant date. A judge in the Court of Session ruled that the deceased “did not have the necessary capacity�

A man found guilty of murder whose conviction was later quashed following a successful appeal has had a legal bid for compensation for the years he spent in prison refused for a third time. A judge in the Court of Session dismissed the petition for judicial review of a decision to refuse the applica

A ferry operator that sued the Scottish Government after it unsuccessfully bid for a contract to provide services between the Northern Isles and mainland Scotland has failed in a £12 million damages action. A judge in the Court of Session dismissed the claim by Shetland Line (1984) Limited because

A legal bid to remove the so-called “Independence Camp” from the grounds of the Scottish Parliament will require a further hearing to determine whether such a move will breach the protestors’ human rights. A judge in the Court of Session refused to grant an order for removal until hearing evid

Cameron Shaw A recent decision by Sheriff Peter Braid in Edinburgh, in the case of Summary Application under the Adults with Incapacity (Scotland) Act 2000 by J, Solicitor in respect of the Adult F, will give practitioners food for thought when applying to have themselves appointed as financial guar

The Scottish Government has been found in contempt of court again after prison officers breached, for a second time, an undertaking not to open an inmate’s letters. A judge in the Court of Session described the second breach by the Scottish Prison Service (SPS) as an “affront to the authority of

Cat Maclean In a talk given to the All Party Parliamentary Group on Fair Business Banking at Westminster, Cat Maclean discusses the issue of companies left powerless after their debt has been transferred to vulture funds.

The beneficiaries of a trust fund which was created by a now deceased woman to reduce the impact of inheritance tax on her family have had a petition for rectification of a deed of appointment refused by a judge in the Court of Session. Lord Turnbull ruled that the deed accurately expressed the inte

The agency responsible for the procurement of medical equipment for the NHS in Scotland has secured a court order to conclude a framework agreement with its suppliers after a rival tenderer challenged its award of a contract. A judge in the Court of Session granted the interim order after ruling tha

An owner of land on which electricity pylons have been installed by another party is not entitled to receive a payout for any period when the apparatus was on the land before the date of the grant of the necessary wayleave, a judge has ruled. Lord Glennie in the Court of Session refused a petition b