An appeal tribunal has ruled that an Employment Tribunal decision not to order a Swiss bank to provide a newspaper with copies of its skeleton arguments, witness statements, and other documents following the conclusion of a case was wrong in law. Guardian News & Media Ltd had sought the document
Mitchell Skilling
A primary school teacher who was injured while playing a game of tag on a physical education training course has failed to establish that her employer was liable for her injury. Glenda Mackenzie, aged 42 at the time of the accident, suffered a fracture to her right elbow as well as cuts to her knees
The Supreme Court has ruled that an English law firm offering a “no win, no fee” service in respect of passenger compensation claims for flight cancellations is entitled to an equitable lien from an airline in respect of its costs after it changed its procedure relating to compensation c
The family of a man who died after raising an action against his former employer for damages related to asbestos-related lung cancer has been permitted to enter the claim by a judge in the Outer House of the Court of Session. Provisional damages of £30,000 had previously been awarded to the or
An Italian man who had his UK bank account reported for suspicious activity has lost an appeal against a sheriff’s decision to extend a moratorium for the authorities to make further enquiries. Cristian Picco, who was not present when the sheriff approved the extension under sections 336A and
The Sheriff Appeal Court has ruled that a sheriff hearing a divorce action was entitled to find that the relevant date on which the parties ceased cohabiting fell after a period in which the husband was staying regularly at the matrimonial home at his wife’s invitation. The sheriff had found t
An English couple that lost over £700,000 to an “authorised push payment” fraud have won a High Court appeal seeking to establish that it was possible their bank owed them a duty of care. Fiona Philipp, the appellant, argued that Barclays Bank owed her a duty of care to be alert to
A man who assaulted a nurse in a Dundee hospital and sang offensive remarks at another nurse with an Irish accent has successfully had the length of his cumulative sentence reduced by the Sheriff Appeal Court. It was argued by counsel for William Hutchison that the overall headline sentence imposed
A councillor who received a 16-month disqualification from the Standards Commission for Scotland under the Ethical Standards in Public Life (Scotland) Act 2000 after being accused of harassing his staff has won an appeal in the Court of Session seeking to have the term reduced. It was argu
An application by a Scottish solicitors' firm challenging an action raised against them in the English High Court for professional negligence by a dual qualified solicitor advising on a planning application has been refused. Wright, Johnston and Mackenzie LLP, a firm with no registered office in Eng
A disabled woman who raised three separate simple procedure claims for the reimbursement of money she claimed was owed to her by the City of Edinburgh Council has had all three actions dismissed by the Sheriff Appeal Court following an appeal against their refusal. Chaza Afandi raised three claims w
The UK Supreme Court has ruled that a Scottish man wanted to stand trial in the USA for securities fraud is entitled to a new extradition hearing after the High Court of Justiciary ruled his extradition would not be incompatible with his ECHR rights. It had been argued by counsel for the appellant,
A Nigerian college tutor who submitted a “near miss” application for indefinite leave to remain in the UK has had an appeal against a decision not to grant permission for a judicial review application to proceed refused by the Inner House of the Court of Session. The petitioner and recla
The Inner House of the Court of Session has upheld a judicial review decision that the General Secretary of the Scottish Police Federation could have misconduct proceedings instigated against him after he engaged in a Twitter argument with the solicitor of Sheku Bayoh’s family following his de
A sheriff conducting a fatal accident inquiry into the deaths of three fishermen who died after their lifeboat failed to inflate has concluded that it was not possible to determine the cause of the flooding that caused their vessel to sink, but that failures by the vessel’s owners and the comp