Case Reports

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

The High Court of Justiciary has refused a bill for criminal letters by a woman seeking to privately prosecute her former schoolteacher for what she alleged were indecent practices used against her between 1977 and 1980. Complainer AB alleged that respondent Paul Cooney had used lewd, indecent and l

Two of three people found guilty in concert of the murder of Brian Maley in Glasgow in 2022 have lost a seven-judge appeal against their convictions based on a contention that they did not have to be convicted of the same crime as the principal actor in the crime. Maria Gardiner and Michael Anderson

The Employment Appeal Tribunal has overturned a decision that a charity trustee made President-Elect of the British Psychological Society was precluded from making a claim against the charity in relation to detriment done to him on the grounds of making protected disclosures and remitted the case fo

The Supreme Court of Ireland has made a second reference to the Court of Justice of the European Union (CJEU) in a case where the UK seeks the extradition of a man accused of committing IRA-related terrorism offences in Northern Ireland. Delivering its judgment, the seven-judge Supreme Court stated:

The Inner House of the Court of Session has refused an appeal by the mother of three children against a sheriff's decision to allow them residential contact with their father after she raised allegations of rape by the father late in the proceedings. Pursuer SN, the father of three children with def

The Inner House of the Court of Session has allowed an appeal against a decision to dismiss an action against a regular of a wine bar who was said to have contributed to the death of another patron after he invited her to sit with him on an unstable shelf in the outdoor area of the bar. Roderick Fin

An Edinburgh sheriff has declared that a retired lecturer who disappeared in June 2023, having last been seen at a beach in North Berwick, had taken his own life by drowning after his children applied to the court for declarator to that effect. The three children of AM sought declarator that their f

The Sheriff Appeal Court has reduced an interim order granted by a Glasgow sheriff giving a woman a right of occupancy in her former cohabitant’s property even though the order was granted nearly a year after they ceased cohabiting. Pursuer Marianne McBride originally obtained an interlocutor

The Upper Tribunal has refused a student who rented a room from an unregistered landlord permission to appeal against her eviction after determining that no legitimate ground of appeal had been raised. Trinity Patel rented a room from Mark Stubbs until she was evicted to allow the landlord to sell t

The Inner House of the Court of Session has refused a reclaiming motion by a building firm against a decision that a sub-contractor’s claim for damages from a wrongful interdict granted over five years ago had not been extinguished by negative prescription, and ordered a proof limited to quant

A lord ordinary has reduced a purported agricultural lease ope exceptionis under which a farming family claimed to occupy a farm subject to a defaulted secured loan and rejected a claim by the family seeking reduction of a sheriff court decree ordering the removal of the occupants of the farm. Dunca

A Dundee sheriff has found that a supplier of temporary care home workers had successfully imposed its terms and conditions in a contract with a care home operator and was entitled to over £30,000 of outstanding payments for booked workers. Pursuer Staffscanner Ltd supplied temporary healthcar

A tax advisory company has lost a claim raised against a fruit and vegetable wholesaler that engaged its services after a sheriff ruled that a purported £9,600 “cancellation fee” said to be part of the company’s standard terms had not been incorporated into the contract betwe