Case Reports

The Sheriff Appeal Court has resolved a dispute between the proprietors of two adjoining plots of land in Arbroath over the existence of a servitude of drainage over one of the properties by ruling that there was a servitude over the original drainage route by positive prescription that was not aban

The Sheriff Appeal Court has refused to allow the director of a liquidated company who was also the director of a creditor of that company to act as lay representative for the latter after finding that he was not a suitable person to act as the defender’s representative. Pursuer Colin Hastings

A man convicted of various charges of assault, threatening behaviour, and other offences under the Sexual Offences (Scotland) Act 2009 has lost an appeal against two of the charges of which he was convicted based on the directions given to the jury on mutual corroboration. Scott McDonald was made su

A group of homeowners in Motherwell have been successful in an action before the sheriff seeking to interdict the owners of a neighbouring corner property from erecting a boundary wall and electric gate at the front of their driveway after establishing the continued existence of a real burden over t

A sheriff has ruled that a company acting as trustee for the benefit of a members’ club for Scots who had time shares in a Tenerife resort had not agreed to resign as trustee in a video call in October 2023 and refused to grant specific implement ordering it to honour the alleged contract. Clu

The Sheriff Appeal Court has absolved a company director of liability for a payment claimed to be due to the seller of commercial subjects bought by his company under a sale and buy-back agreement after finding that a secondary clause of the contract under which the seller could claim surplus funds

The High Court of England and Wales has ruled that a platform offering actors and performers inclusion in an online directory in return for a subscription fee is not an employment agency for the purposes of section 13(2) of the Employment Agencies Act 1973 and therefore controls over up-front fees i

Two police officers who had their firearms authorisation withdrawn after taking a photograph with a Scottish singer on the Cowgate have been awarded a combined sum of just under £50,000 after an Employment Tribunal in Edinburgh found that they had been discriminated against on the ground of se

The owner of warehouse premises in Glasgow has successfully appealed to the Sheriff Appeal Court over a sheriff’s award of just over £147,700 in damages after he failed to repair the building’s roof under a commercial lease obligation, but only to the extent of reducing the award b

The Employment Appeal Tribunal has allowed an appeal against the dismissal of a claim for sexual harassment by an Employment Tribunal in Cardiff after ruling that it erred in law in considering whether a person found to have sexually harassed the claimant was acting in the course of his employment.

A sheriff has made a joint residence order in respect of a four-year-old child due to start primary school contrary to the views of a child welfare reporter and the child herself after finding that the reporter’s conclusions failed to give adequate weight to the position of the pursuer. Pursue

A prisoner serving an extended sentence who claimed that his human rights were breached due to the Scottish ministers not affording him rehabilitative opportunities as to allow him to be released on licence has lost a judicial review challenge Petitioner AB, who was convicted of offences under the S

The Sheriff Appeal Court has granted permission for the exhumation of a teenager’s body for reburial in Monaco, where her parents now reside, after ruling that the Edinburgh sheriff who originally refused the application had not had adequate regard to her parents’ Convention rights. The

The Upper Tribunal for Scotland has allowed an appeal against a decision of the First-tier Tribunal’s Housing and Property Chamber to dismiss an eviction application because the notice to leave prepared by the landlord’s letting agents was one day off when it specified the date on which

A contractor has been awarded just over £558,000 in damages after a lord ordinary determined that he was wrongfully interdicted by a housebuilding company which was prosecuted for health and safety offences after interdicting the pursuer from repeating allegations about the presence of asbesto