An employment judge has refused to strike out a sex discrimination claim by an employee of NHS Lothian but has ordered her to pay a deposit of £1,000 in order to continue her case. Claimant Mrs M Hutton argued that she was carrying out work equal to a male comparator for less pay and thus was
Mitchell Skilling
The UK Supreme Court has determined that HM Revenue and Customs has the power to refuse to accept a taxable person’s self-assessment claim and decide at a later date to pay a lower amount than was claimed after an appeal by a Scottish optician business. DCM Optical Holdings Ltd, which trades a
The Inner House of the Court of Session has found that the Scottish Legal Complaints Commission is not entitled to apply for the production and delivery of privileged legal documents from a solicitor under section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007. The matter arose followi
A Lord Ordinary has determined that a farmer who rented grazing land in the north of Scotland was in breach of a 2015 oral agreement on the payment of Scottish Government farming subsidies and therefore liable to make payments to the landowners. Golden Lane Securities Ltd and Christopher Moran &
The Inner House of the Court of Session has rejected a reclaiming motion by the insurers of a Maltese tour company against a decision to dismiss a personal injury action raised against them due to the state immunity of a third party. Pursuer Simon Morrison originally raised the action for damages ag
An appeal by a Polish citizen against a sheriff’s order to extradite him to Poland to serve a suspended prison sentence for mobile phone robberies he committed as a teenager has been refused by the High Court of Justiciary. Adam Osipczuk sought to argue that he was not a fugitive within the le
The Competition Appeal Tribunal has rejected a case by a company that bought a house on the island of Sanday in the Orkney Islands alleging abusive practices by the former directors of a local haulage firm in conjunction with the local council and its wholly owned ferry subsidiary. Blue Planet Holdi
A Lord Ordinary has refused a judicial review petition challenging a nil valuation of company shares by an independent chartered accountant for the purposes of paying out a former shareholder. David Maguire, a former shareholder of 5PM Ltd, challenged the decision of Stewart MacDonald CA to ascribe
An appeal by a man who described himself as suffering from a mental disorder seeking damages for medical negligence has lost an appeal against a sheriff’s decision to delete certain averments from probation in the Sheriff Appeal Court. DD, the pursuer in an action against NHS Fife Health Board
The Sheriff Appeal Court has refused an appeal against a sheriff’s interlocutor allowing the addition of a crave to prove the tenor of a letter said to alter the terms of a deceased man’s will in a dispute between his four children. Elizabeth Skelton, the first defender in an action rais
A Pakistani woman who was refused clearance for a two-month UK visitor visa to visit her daughter in Glasgow has succeeded in having the decision reduced after a judicial review petition to the Outer House of the Court of Session. Petitioner Ghulam Sughra argued that the Entry Clearance Officer acti
A corporate landlord that was refused an award of £950 for repair of a door damaged by police officers executing a drugs search warrant has successfully had the decision re-made by the Upper Tribunal for Scotland.
A doctor who had a conditions order against him extended an additional six months after he was tried and acquitted for rape has successfully had the order recalled after an appeal to the Inner House of the Court of Session. The General Medical Council had brought a petition in June 2022 seeking to e
An employee of Marine Scotland who was injured aboard a multi-purpose vessel has been awarded £4,273 in damages by a sheriff after it was found he was partially responsible for the accident. Paul Farley, who was employed as an Able Seaman aboard MPV Hirta on a fixed term appointment, argued th
The Inner House of the Court of Session has determined that the tenancies of two crofts in Wester Ross had validly transferred to the son of a crofter who died intestate after a finding to the opposite effect was made by the Scottish Land Court. Mark Pattinson made an application seeking a determina