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

HMRC successfully appeals Upper Tribunal multi-purpose van classification decision

Her Majesty’s Revenue and Customs has successfully appealed a decision of the Tax and Chancery Chamber of the Upper Tribunal in which it held that certain modified company vehicles were to be taxed as vans and not cars.

England and Wales Court of Appeal 23 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

Court of Appeal orders rehearing for child abduction application

A Polish national who made a return order for his young child under the 1980 Hague Child Abduction Convention has had his application remitted for rehearing following an appeal by the child’s mother.

England and Wales Court of Appeal 21 July 2020

Teacher removed from register for falling short of standards loses appeal

A teacher who was removed from the teaching register for misconduct has had her appeal against the decision of the General Teaching Council of Scotland to remove her refused.

Court of Session Inner House 20 July 2020

Prisoner serving life sentence loses challenge against refusal of legal aid

A prisoner serving a life sentence who submitted freedom of information requests for information he believed would help prove his innocence has had a petition for judicial review of the decision not to grant him legal aid refused.

Court of Session Outer House 17 July 2020

Construction firm loses sale of goods action over driving hammer

A construction company has failed in its action against a company it alleged had sold it a defective pile driving hammer, causing it to be unable to fulfil its obligations under another contract.

Court of Session Outer House 16 July 2020

Private shareholders win share buyout contract dispute case

The majority shareholders of a private limited company have succeeded in an action to establish the terms of a contract between themselves and another shareholder with whom they were in dispute.

Court of Session Outer House 15 July 2020

Supreme Court: Man convicted of sexual crimes after being caught by 'paedophile hunters' fails in human rights appeal

A man who sent an adult posing as a 13-year-old boy a sexual image and arranged to meet him and who was thereafter convicted of sexual offences has had his human rights appeal to the Supreme Court unanimously dismissed.

UK Supreme Court 15 July 2020

Aberdeen kilt shop fails to establish extended road maintenance duty for city council

An Aberdeen-based kilt shop has lost its challenge against the city council in respect of water ingress problems affecting its premises.

Court of Session Inner House 14 July 2020

Released sex offender fails to challenge ‘new relationships’ licence condition

A convicted sex offender who was released from prison on licence has failed in his challenge of a condition in his release licence requiring him to inform his supervising officer of any friendships, associations, or intimate or domestic relationships that he enters into with anyone.

Court of Session Outer House 13 July 2020

Aberdeenshire man has murder sentence reduced

A man convicted of murdering a man in Turiff, Aberdeenshire, has had the punishment part of his sentence reduced on appeal to the High Court of Justiciary.

Appeal Court of the High Court of Justiciary 10 July 2020

Dumbarton medical practice fails to suspend order to re-engage doctor

A medical practice that took on the staff of a dissolved practice has been unsuccessful in its petition to suspend an Employment Tribunal order requiring it to re-engage a doctor who was employed by the dissolved practice.

Court of Session Outer House 9 July 2020

Hearts and Partick Thistle successfully petition for documents relevant to SPFL rules change

Two Scottish football clubs have succeeded in their petition for the recovery of documents relevant to orders they sought in terms of the Companies Act 2006.

Court of Session Outer House 8 July 2020

Greenpeace UK fined for breach of interdict granted to offshore drilling firm

The UK branch of the environmental organisation Greenpeace has been fined for breach of an interdict granted against them by an offshore drilling company.

Court of Session Outer House 7 July 2020