Case Reports

A lord ordinary has ordered a British Virgin Islands-based sureties company to honour a £1.25m performance bond, after dismissing as irrelevant its reliance on various alleged formal defects in the beneficiary’s demand for payment. The pursuer issued a demand for payment to the defender

The Sheriff Appeal Court has ordered an online car dealer to refund a £99 deposit, described as “non-refundable” in standard terms and conditions, by reference to consumer contract regulations after finding that the sheriff erred in dismissing the buyer’s claim of his own mot

A lord ordinary has refused a petition for judicial review by a West Dunbartonshire social tenant, finding that the local authority’s refusal to rehouse the petitioner and her family on medical grounds did not contravene equalities legislation. The petitioner and her adult children complained

A company director has lost his appeal against a minority shareholder’s petition for an immediate buy-out after the UK Supreme Court found the director’s “covert single-handed campaign” to delay the sale of the company amounted to a breach of his duty of loyalty. The appellan

The Appeal Court of the High Court of Justiciary has refused an appeal by the founder and leader of a Pentecostal church against his conviction for sexual offences against members of his congregation, reducing by six years nevertheless his “excessive” custodial sentence. The appellant wa

The Inner House of the Court of Session has refused a vehicle supplier’s appeal against a reporter’s decision that Historic Environment Scotland had been entitled to list a disused 1930s-style Glasgow cinema, despite having recently refused to interfere with its partial demolition. The a

The Sheriff Appeal Court has allowed an appeal by two Nairn landowners against a sheriff’s decision to grant interdict in respect of future interference with their neighbours’ servitude right of access, while likewise declaring a note of acquisitive prescription on the parties’ tit

The Appeal Court of the High Court of Justiciary has rejected an appeal against conviction by a Dundee teenager convicted of rape and sexual assault, finding that a preliminary hearing judge’s refusal to admit evidence of social media exchanges between him and the complainers did not result in

The Inner House of the Court of Session has allowed a reclaiming motion to proceed after finding that, on a “fair and pragmatic” interpretation of the statutory time bar, the petitioner had lodged her appeal within the prescribed period. The petitioner, who sought judicial review of vari

In a case raising “an important legal issue”, the Inner House of the Court of Session has dismissed a property developer’s appeal against a sheriff’s decision ordering him, on the basis of a prior oral agreement, to discharge a standard security granted in his favour by a bus

The Sheriff Appeal Court has refused an appeal by self-represented housing association tenants against the grant of an order for recovery of possession on the basis of anti-social behaviour, notwithstanding their complaints of an inequality of arms. The appellants, who were tenants of a property own

The UK Supreme Court has dismissed a London-based investment manager’s appeal against HMRC’s decision to treat the preponderance of its partners as employees for the purposes of tax and national insurance contributions pursuant to “salaried members” legislation. The appellant

A lord ordinary has rejected a commercial landlord’s application for leave to appeal against an arbitrator’s determination that a notice it purported to serve, ordering the tenant to remove works and make reinstatements, was invalid on account of various “obscurities and contradict

A former council employee has lost an appeal against the Employment Tribunal’s dismissal of his victimisation claim against his former employer after a judge in the Employment Appeal Tribunal ruled that the ET was correct to determine that the detriment he suffered was caused by a complaint ma

A commercial judge has allowed a proof in an action by three former company shareholders who alleged that the purchaser of their shares failed to comply with their obligations in respect of potential further consideration they could have obtained under the contract, but refused their motion for decr