Case Reports

The Sheriff Appeal Court has overturned a sheriff’s decision that the erection of a wall and gate wholly within the bounds of a couple’s residential property in Motherwell caused sufficient detriment to allow their neighbours to enforce a real burden imposed on properties in the developm

A lord ordinary has refused to reduce the will of a man who died of abdominal and bowel cancer in March 2022 on the ground of undue influence by his second wife after finding that none of the evidence presented by the pursuers, his four children by his first wife, was capable of supporting a finding

A Glasgow sheriff has deserted proceedings pro loco et tempore in the first prosecution raised in Scotland for a contravention of abortion buffer zone legislation after finding that the complaint failed to libel two necessary elements of the offence and in consequence constituted an unlawful interfe

The High Court of Justiciary has refused to grant a Polish national leave to appeal against an order for his extradition to serve a prison sentence in Poland for offences including theft and robbery after finding that his taking care of a former partner with a mental disorder did not constitute a fa

A Glasgow sheriff has reduced a deceased’s 2019 homemade will purporting to disinherit two of her children after an action for production and reduction was raised by her son, having found that another of her children had obtained the second will by facility and circumvention in light of the de

A reclaiming motion by the owner of a shopping centre in Arbroath against the refusal of its judicial review petition challenging a decision that it was liable to pay non-domestic rates on premises it claimed to have let for religious purposes has been refused by the Inner House after it found that

An Extra Division of the Inner House of the Court of Session has refused an appeal against a decision that social rented sector tenants of let properties on a former industrial site in Motherwell were not entitled to damages arising from a breach of their landlord’s statutory duties after find

An Alloa sheriff has granted decree de plano ordering the removal of a couple from a property at the insistence of their son after finding that their pleas resisting their ejection had no relevance in law due to a failure to specify the wording of a promise they alleged had been made to them. Derric

The Sheriff Appeal Court has allowed an appeal against a sheriff’s decision that the purchaser of a used car via conditional sale agreement was entitled to reject it based on defects discovered when it was being driven back to Dundee from England, but dismissed the claim after finding that no

A man sentenced to life imprisonment for murder with a punishment part of 18.5 years when he was aged 22 has lost an appeal against the length of the punishment part before the High Court of Justiciary, after the court held that the severity of the offence and the circumstances in which it was commi

The Supreme Court has rejected a final appeal against a decision that furlough payments to workers during the Covid pandemic could be used as a deduction in payouts for business interruption policies, after holding that insurers were entitled to regard them as reducing the policyholders’ busin

A petition by a Palestinian mother and son asserting that the Foreign Secretary had unlawfully delayed issuing a decision on their request for consular assistance to leave Gaza to travel to Jordan as part of a process to join family in the UK has been refused by the Outer House of the Court of Sessi

The Sheriff Appeal Court has held that there is no competence for an appeal against a sheriff’s refusal to sign a warrant for an initial writ after a man attempted to challenge the refusal of his case against his neighbour, after finding that the refusal could not constitute a final judgment i

The Sheriff Appeal Court has refused an appeal by an unincorporated association operating a timeshare in Tenerife against the refusal of its action for specific implement calling for a trustee of the Club to resign after finding that the sheriff was entitled to conclude on the evidence that the defe

A Sheriff Principal has refused permission to appeal to the Court of Session against a decision of the Sheriff Appeal Court that an action for defamation raised by a pursuer against one of his former work colleagues was time barred after upholding the principle that an action was only considered com