Case archive

Council granted interdict against sale of farm it previously conveyed by feu disposition

A local authority has been granted an interdict against the sale of a farm in West Calder on the basis that a right of pre-emption contained in a feu disposition had survived the abolition of feudal tenure in Scotland.

Sheriff Court 24 July 2020

Sheriff dismisses petition in case with solicitor without practising certificate

A sheriff has dismissed an undefended petition raised against a limited company by a pursuer represented by a solicitor without a practising certificate as incompetent and has informed the Lord Advocate of the case.

Sheriff Court 22 July 2020

Heir of man who died in 1999 loses claim for value of items from estate allegedly unaccounted for

A man who claimed that he was due payment for his share of the value of items from his late father’s estate that were not listed in the inventory of the estate has failed in his action for payment.

Sheriff Court 8 June 2020

Early childhood practitioner loses appeal against temporary suspension

An early-years practitioner who was given a Temporary Suspension Order (TSO) after her fitness to practice was called into question has been unsuccessful in challenging the decision.

Sheriff Court 6 May 2020

Ruff justice: Dog walker ordered to pay £3,000 in damages for defamatory Facebook post about business rival

A woman running a dog walking business in the Edinburgh area has succeeded in an action for defamation against another woman who operated a similar business.

Sheriff Court 8 April 2020

Edinburgh City Council granted permanence order to allow child’s adoption

The City of Edinburgh Council has successfully been granted a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 in relation to the child of a mother diagnosed with paranoid schizophrenia and a father with limited leave to remain in the UK.

Sheriff Court 1 April 2020

Housing association tenant’s damages claim over property’s poor sound insulation dismissed

A housing association tenant who sued his landlord over its alleged failure to properly sound-proof his property has had his action dismissed.

Sheriff Court 27 March 2020

Scottish university’s payment action against student dismissed due to ‘lack of jurisdiction’

A Scottish university which sued a distance-learning student for unpaid fees has had its claim dismissed due to “lack of jurisdiction”.

Sheriff Court 10 March 2020

Man sexually abused by monks awarded £317,000 damages for ‘life-long‘ suffering

A man who developed a “life-long psychiatric injury” after being physically and sexually abused by monks while staying at a residential school nearly 40 years ago has been awarded more than £300,000 in damages.

Sheriff Court 9 March 2020

Father wins appeal to assign tenancy of housing association property to daughter

A housing association tenant whose application to assign the tenancy of the property to his daughter was rejected has successfully challenged the landlord’s decision. A sheriff or

Sheriff Court 3 March 2020

Sheriff upholds prescription plea in dismissing homeowner’s ‘negligence’ claim against former lawyers

A homeowner who sued his former lawyers after they failed to advise him to include a survivorship clause when transferring the title of his property into the joint names of himself and his then fiancée, who later died and left her half-share to her children from a previous relationship, has had his claim dismissed.

Sheriff Court 17 February 2020

Retired lawyer fails in nuisance claim over neighbours’ noisy toilet

A couple who sued their upstairs neighbours over the noise coming from a Saniflo toilet have had their “nuisance” claim dismissed by a court.

Sheriff Court 24 January 2020

Stalking accused successfully challenges docket evidence of previous assault on complainer

A man accused of stalking has successfully challenged an attempt by prosecutors to lead evidence that he had previously assaulted one of the complainers. 

Sheriff Court 28 January 2020

Court to consider fair hearing defence as woman sues stepfather’s estate over historical sex abuse allegations

A woman who claimed she was repeatedly raped by her late stepfather is suing the executor of his estate for damages in a landmark case.

Sheriff Court 15 January 2020

Personal Injury Court issues guidance on motions for sanction for employment of counsel

The All-Scotland Sheriff Personal Injury Court has issued a judgment to give some guidance on motions for certification of skilled persons and sanction for the employment of counsel made under new court rules introduced in 2019. Sheriff Kenneth McGowan said the terms of motions should reflect “as

Sheriff Court 10 January 2020