Case Reports

The Employment Appeal Tribunal has allowed aspects of Next’s appeal against successful equal pay claims brought by over 3,500 retail sales consultants, after finding that the retailer’s payment of a higher market rate to warehouse operatives was justified by “recruitment and retent

A lord ordinary has refused to quash a sheriff principal’s decision not to investigate allegations of misconduct against a curator ad litem, finding that he was entitled to assess whether the complainer had provided sufficient factual details before investigating. The petitioner complained to

Two students who sprayed paint against Glasgow’s James McCune Smith learning hub to protest the university’s association with Israeli-linked companies have had their acquittals upheld by a two-to-one majority of the Sheriff Appeal Court. Two students were acquitted at trial on charges of

The Inner House of the Court of Session has allowed an appeal by a Glasgow high street law firm concerning a determination made against it by the Scottish Legal Complaints Commission, finding that the commission had erred in inferring that the firm lacked the competence to act in a family law matter

The Lands Tribunal for Scotland has allowed variation of a title condition requiring the maintenance of fencing around an access road, finding that the “limited” practical benefit enjoyed by the dominant tenement was outweighed by the impediment the provision caused to the servient tenem

The Sheriff Appeal Court has refused an appeal by a former company director whose defences against the company’s liquidators’ claims of illegitimate payments were rejected by the sheriff as lacking in specification, concurring that his averments amounted mainly to “bold statements

The Appeal Court of the High Court of Justiciary has allowed a Crown appeal against the sentence imposed on a father who was convicted of assaulting his children, taking the opportunity in dicta to urge Scottish courts to recognise the gravity of the “prevalent, insidious” and “ext

A lord ordinary has granted the Scottish ministers’ petition for eviction orders against a group of Irish travellers occupying land planned for development, despite their submissions that removal without the provision of culturally appropriate alternative accommodation would violate their huma

Two former members of staff at the New School Butterstone, which was closed in 2018 following allegations of physical mistreatment against pupils, have lost appeals in their damages claims against the Care Inspectorate, after the Sheriff Appeal Court found their averments to be lacking in relevancy

A lord ordinary has relied on the reforms implemented by the Judicial Review and Courts Act 2022 to refuse access to the supervisory jurisdiction to a former student visa-holder who sought to challenge the Upper Tribunal’s decision to refuse permission to appeal against an adverse immigration

A lord ordinary has allowed a Glasgow councillor’s petition for judicial review of the Standards Commission for Scotland’s decision to reject numerous evidentiary productions she sought to lodge to defend herself against claims of having breached conduct standards through social media ac

A lord ordinary has ordered that the director of an insolvent healthcare waste disposal company be disqualified from company management for nine years, after finding that his conduct in the run-up to the company’s liquidation amounted to an “egregious breach” of his director’

The Outer House of the Court of Session has exercised its parens patriae jurisdiction to authorise the treatment of three seriously ill children, despite their parents refusing to do so on account of their religious and personal beliefs. Three children, believed to be at risk of severe harm or death

A sheriff at Kirkcaldy has refused a father’s attempt to seek supervised contact with his daughter, after finding that there was no evidence to suggest the risk indicated by the father’s previous sexual abuse of his daughter’s half-sister had materially reduced. The minuter was ref

A lord ordinary has refused a life prisoner’s appeal against the Parole Board for Scotland’s refusal to allow him release on licence, after both previous attempts at release ended in recall on account of serious reoffending. The Parole Board for Scotland refused in February 2026 to allow