Case archive

Edinburgh sheriff finds man entitled to paternity test as part of child compulsory supervision order

A man who appealed the decision of a children’s hearing not to require the local authority to organise a DNA test as part of a compulsory supervision order has been successful in an appeal to the sheriff.

Sheriff Court 14 January 2021

Sheriff grants division and sale of Bearsden home jointly owned by feuding ex-sisters-in-law 

A sheriff in Dumbarton has granted a crave for division and sale of a property in Bearsden jointly owned by two feuding former sisters-in-law following several years of legal correspondence between them with no agreement. 

Sheriff Court 12 January 2021

Sheriff Personal Injury Court rules ‘online travel agent’ deal could be considered a package holiday 

A woman who was injured during a two-week holiday to Turkey has successfully established that consumer regulations on the provision of package holidays applied to the booking she made with an ‘online travel agent’ for flights, accommodation, and hotel transfer. 

Sheriff Court 23 December 2020

Hamilton sheriff rules metal goods contract dispute resolved by email correspondence

Two companies which were at odds over whether a dispute over a contract between them for the sale of metal products had been resolved have had the issue resolved in favour of the original seller.

Sheriff Court 24 November 2020

Edinburgh harbour commercial tenant fails to establish wrongful payments 

A tenant of commercial premises in Granton, Edinburgh, has been unsuccessful in its action against an agent of its landlord for reduction of invoices and repayment of sums it alleged were wrongfully paid to its landlord’s agents. 

Sheriff Court 20 November 2020

Perthshire man granted absolvitor in back road car accident damages case 

A sheriff in Perth has absolved a man of any wrongdoing in a car accident that took place on a back road near Blackford in the Perth and Kinross area. 

Sheriff Court 18 November 2020

Tenant of Glasgow office building with defective curtain walling entitled to abate rent

A former tenant of an office complex in Glasgow that had to vacate the premises for necessary repairs has successfully established its entitlement to abate the rent as a result of the works. 

Sheriff Court 17 November 2020

Sheriff Principal determines North Sea helicopter crash could not have been avoided

A fatal accident inquiry into the deaths of four people in a North Sea helicopter accident has concluded with a declaration that the deaths could not have been avoided in the circumstances.

Sheriff Court 21 October 2020

Former Harley mechanic awarded damages after crash left him afraid of riding motorbikes 

A former apprentice mechanic who was involved in a road-accident while testing a client’s Harley-Davidson motorbike has successfully obtained an award of damages after being involved in a road accident that gave him a phobia of being killed or injured on a motorbike.

Sheriff Court 14 October 2020

West Lothian taxi driver loses appeal against suspension of licence until 2022 

A taxi driver who had his licence suspended by a local authority on the ground of no longer being a fit and proper person to hold such a licence has had his appeal against the decision refused. 

Sheriff Court 8 October 2020

Flat owner fails to establish statutory repair duty for downstairs neighbours

The proprietor of a flat in Edinburgh who sought to establish that their neighbour had a statutory obligation to pay for half the cost of repairs to the external render of the common wall of their building has had their application rejected by the Sheriff Court. 

Sheriff Court 23 September 2020

Father of young children in Annan loses appeal against 'no contact' order

The father of two very young children in Annan has unsuccessfully appealed the decision of a children’s panel that he should have no contact with his children. 

Sheriff Court 21 September 2020

Sheriff rules pursuer’s settlement offer in personal injury case can be impliedly withdrawn

The defender in a personal injury case who sought decree that a settlement offer by the pursuer could not be withdrawn impliedly even in a change of material circumstances has had its motion refused by the All-Scotland Sheriff Personal Injury Court in Edinburgh.

Sheriff Court 1 September 2020

Scottish man injured in quad bike crash in Greece unsuccessful in obtaining damages

A Scottish man who was injured in a quad bike accident while on holiday in Greece has been unsuccessful in obtaining damages in relation to his injuries.

Sheriff Court 19 August 2020

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