The Upper Tribunal for Scotland has ruled that the First-tier Tribunal erred in questioning the validity of a guarantee agreement between a private landlord and the parent of her tenant in an undefended action by the landlord for payment. Appellant Alice Woro sought payment from respondent Ian Brown
Mitchell Skilling
An Employment Tribunal judge has struck out a claim by a former employee of an Edinburgh game developer after ruling that her conduct during proceedings, in which she had alleged the respondent’s solicitor had abused and harassed her, had been unreasonable. Michelle Donnelly raised the claim a
A sheriff has determined under section 78 of the Extradition Act 2003 that a man who appeared before him at Edinburgh Sheriff Court under the name Arthur Knight was in fact a wanted fugitive sought by the United States of America to face trial. Nicholas Rossi, who was accused of rape in the state of
A woman who was found liable for the legal expenses of an insurance company following the settlement of a personal injury claim made to the All-Scotland Sheriff Personal Injury Court has been partially successful in an appeal against the decision to the Sheriff Appeal Court. Pursuer Mary Young reach
A Hamilton sheriff has allowed for a personal injury action by a woman who sought damages from her husband on the ground that he raped her to proceed despite it falling outside of the normal three-year time limit on such actions. Pursuer AM sought permission for the action under section 19A of the P
A Stornoway sheriff has allowed a proof in a dispute between an Aberdeen firm of solicitors and their commercial landlord over whether they had validly terminated the lease of their business premises. Iain Hingston, the sole director of Hingston’s Law Ltd, along with employees Graeme Murray an
An NHS clinical support worker at Edinburgh Royal Infirmary who was injured by a patient brought in by the police has lost a personal injury case against the Chief Constable of the Police Service of Scotland. Beverly Gilchrist, aged 57, argued that her injuries were the responsibility in law of the
The Sheriff Appeal Court has upheld the decision of a summary sheriff that evidence of receipt of a service notice was necessary with any execution of postal service in simple procedure actions where no response is made by the respondent party. Appellant Cabot Financial (UK) Ltd sought decree of pay
A Glasgow sheriff has ordered the operators of the SSE Hydro Arena to pay nearly £100,000 to an American religious charity after finding it had no defence for cancelling an event involving a controversial religious speaker. The Billy Graham Evangelistic Association, which arranged with Scottis
A 16-year-old girl who was prohibited from having contact with her seven-year-old brother has lost a judicial review case against a sheriff’s decision to refuse an appeal against the original decision of a children’s hearing to continue his Compulsory Supervision Order with the non-conta
The Sheriff Appeal Court has allowed an appeal by Scottish Water against a sheriff’s determination that it was liable for the severe illness of a herd of cattle on a farm on the Isle of Lewis as alleged by the farm’s proprietor after a re-examination of the evidence following an inadequ
The UK Supreme Court has allowed an appeal by HM Revenue and Customs against a decision of the Court of Session to allow for the recovery of historic input VAT by the NHS Lothian Health Board for private work undertaken between 1974 and 1997. NHS Lothian claimed unrecovered input tax in respect of p
The Inner House of the Court of Session has ruled that the policy of the Scottish Ministers to prioritise certain classes of high security prisoners for access to rehabilitative work is unlawful under the ECHR after a challenge to the policy was made by a prisoner serving an Order for Lifelong Restr
A prisoner who has been serving a life sentence for the murder of a nine-year-old boy since 1974 has failed in a challenge against the Scottish Ministers' decision to delay determining his application for a First Grant of Temporary Release. Brian Morrice was convicted of the murder when he was 17 ye
An appeal against a conviction on five charges of rape and assault against two separate complainers that took place between 1963 and 1997 has been refused by the High Court of Justiciary. Appellant JB, who was sentenced to eight years and six months' imprisonment, argued that the Crown had unreasona