Case Reports

A lord ordinary has allowed a proof in a dispute between the proprietors of two neighbouring properties in Aberfoyle over the boundary between their properties with an accompanying claim of trespass and harassment arising from the removal of a fence and the felling of a large Douglas fir. Pursuer El

The High Court of Justiciary has refused an application under section 103 of the Extradition Act 2003 seeking leave for appeal against the extradition of a Norwegian citizen to face a rape trial in Oslo based on the poor mental health of his current spouse. Applicant RF, a Norwegian citizen, faced c

The Supreme Court has unanimously dismissed an appeal by a bank holding Bills of Lading in respect of a large cargo of coal seeking to overturn a decision that its claim for misdelivery of the goods was time-barred per the international law of transporting goods by sea. Fimbank Plc, the holders of t

The Inner House of the Court of Session has refused a reclaiming motion by a community interest company against a decision to reject a challenge to the Scottish Ministers’ grant of planning permission for a wind farm near a known Scottish wildcat habitat. Wildcat Haven CIC, which opposed the p

The Sheriff Appeal Court has refused an appeal by a woman who had spent 22 years trying to acquire ownership of her brother’s flat in Edinburgh after he was imprisoned for drugs offences seeking to overturn a sheriff’s refusal of an amendment to an action seeking implementation of missiv

The High Court of Justice of England and Wales has refused an appeal against the rejection of a human rights claim by a life prisoner jailed for planning to detonate explosives on a transatlantic flight who was denied opportunities to join communal prayers while imprisoned in high security condition

A Nigerian grandmother who was refused a visitor visa to enter the UK to see her grandchildren for the first time has successfully challenged the decision by the home secretary to refuse her entry clearance by petition to the Outer House of the Court of Session. Petitioner CD, who was employed as a

An Employment Appeal Tribunal judge sitting in Edinburgh has ruled that an employment judge did not err in deciding that evidence of pre-termination negotiations was inadmissible in an ongoing claim for unfair dismissal raised by a former employee of a car repair garage. Kevin Gallagher raised a cla

A Tayside sheriff has found that the proprietors of a cottage in Arbroath continued to enjoy a servitude of drainage over their neighbours’ property after building a new septic tank built in their field with the consent of the neighbours’ predecessors in title. Pursuers Graham and Sally

A man convicted in the High Court of Justiciary of raping two women has lost an appeal against the convictions based on a contention that the trial judge ought to have deserted the trial diet after he became unresponsive during his cross-examination. Appellant Daniel Robertson argued he had been una

A sheriff principal has ruled that the spouse of an executor who occupied a home subject to a decree of ejection could not claim to be an “entitled resident” under sections 24C and 24D of the Conveyancing and Feudal Reform (Scotland) Act 1970 and thus obtain recall of a sheriff’s d

The Supreme Court has ruled that a police force could not be held liable for the death of a man who was killed in a head-on collision at the site of a previous accident attended by the police up until 20 minutes before his death. Claimant and appellant Valerie Tindall argued that the Chief Constable

The Inner House has allowed part of an appeal by the landlords of a Glasgow restaurant that traded continuously from 1935 to 2020 against a decision ordaining them to repair flood damage to the premises and pay damages to the subsidiary of the pursuers that ran the restaurant. Pursuers Forthwell Ltd

A family judge in the Court of Session has resolved a dispute between a divorcing couple about the date they separated in which the dates proposed by the parties were just over three years apart and determined that the later proposed date was the relevant date for the purposes of the Family Law (Sco

A commercial judge in the Outer House of the Court of Session has recalled the appointment of an interim judicial factor on the estates of an Aberdeen-based partnership dealing in scrap metal after finding that the full circumstances did not merit such an appointment. Petitioner Rodney McAllister so