Case Reports

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

A sheriff has imprisoned a woman for seven days for depriving the father of her 12-year-old daughter of the contact he was entitled to following their separating after finding that she had deliberately sought to cut the child’s father out of her life by blocking his communication with her and

A sheriff has dismissed an action against a car garage raised by a Perth pensioner after her car’s timing belt snapped during an MOT causing thousands of pounds in engine damage, after finding that liability could not attach to the garage from the failure of an unassessable internal engine com

A social housing tenant in Dumfries who tripped has lost a case against her landlord under the Occupiers’ Liability (Scotland) Act 1960 and the Housing (Scotland) Act 2001 after a personal injury sheriff ruled that the design of her back door was not in breach of the landlord’s statutory

An Aberdeen sheriff conducting a fatal accident inquiry into the death of a gamekeeper who was thrown from an ATV following a collision has concluded that his death could have been avoided if the shoot scheduled for the day had been cancelled in light of Storm Malik and he had been wearing a seatbel

A man who bought a “cloned” car and successfully recovered the purchase price from the seller via a simple procedure claim has lost an appeal against the dismissal of a second claim in respect of other losses connected with the vehicle, after the Sheriff Appeal Court concurred with the s

The Outer House of the Court of Session has declared that Scottish Prison Service guidance permitting trans women to be accommodated in the female prison estate is unlawful following a petition for judicial review, after concluding that the guidance conflicted with a statutory requirement to provide

The Inner House of the Court of Session has recalled a lord ordinary’s declaration that the lord advocate’s immunity from liability in summary proceedings was incompatible with Article 6 ECHR in a malicious prosecution case arising from a journalist’s video commentary on the Alex S

A sheriff principal has refused an application by a sequestrated shop tenant for permission to appeal to the Court of Session after his case against his landlords for payment was held to have prescribed, after finding that none of the grounds of further appeal he advanced had any prospect of success