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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

Two concert pianists who argued that they entered into a partnership with an IT expert with a view to creating gay social network applications for profit have had their claim rejected by a judge. The Court of Session ruled that while the parties had a “common intention” to enter into a business

A bookmaker who claimed that he was “deprived of earnings” because he was not offered a pitch in what he alleged to be a more lucrative part of Musselburgh racecourse on Ladies’ Day has had his case dismissed. Stanley Wood argued that the Musselburgh Joint Racing Committee breached his licence

Douglas Mill A fairly profound development crept under the radar screens of the profession recently.

The Lord Advocate has been refused permission to appeal to the UK Supreme Court after a British businessman wanted by authorities in Taiwan to serve a prison sentence won a human rights appeal against a decision to extradite him. Zain Dean was sentenced to four years imprisonment after being convict

The Ministry of Defence (MoD) has failed in an attempt to have a damages claim against it dismissed in an action brought by the adult stepchildren and grandchildren of a former Rosyth dockyard worker who died from an asbestos-related condition. A judge in the Court of Session allowed the claim to pr

The parents of a baby boy who had his eyes removed after being diagnosed with a rare form of cancer have had an action against their local health board dismissed after claiming they were “fobbed off” by a health visitor when they reported concerns about one of his eyes. A judge in the Court of S

A golfer who was seriously injured when he fell into a manhole on a course has had an action for damages against his fellow club members dismissed. Colin Taylor sued the eight members of the executive board at Colville Park Golf Club in Motherwell, not as representatives of the club, but in a person

An Iraqi national who had been living in Greece but fled to the UK following attacks by the Neo-Nazi Golden Dawn group has successfully challenged the Home Secretary’s decision to certify his asylum and human rights claims as “clearly unfounded”. The decision meant that Sharif Kadir would be u

A businessman who is suing his solicitors over the loss and damage he claims to have sustained following the sale of part of his interest in a company has been granted a proof in a $210 million action against the firm. A judge in the Court of Session held that the claim by Robert Kidd that he sustai