Case archive

Judge dismisses commercial tenant’s challenge to rent review decision as ‘incompetent’

A tenant of commercial premises which challenged an independent surveyor’s determination of the revised rent payable to the landlord has had its action dismissed as “incompetent”.

Court of Session Outer House — 28 January 2019

Judge dismisses ‘time-barred’ £650,000 damages claim for accident in 1965 as ‘irrelevant in law’ 

A man who claimed he was struck by a car when he was a primary school boy more than 50 years ago in an accident which he could not remember and of which there was almost no evidence has had has claim for £650,000 in damages against a Scottish local authority dismissed.

Court of Session Outer House — 25 January 2019

Dairy firm and housebuilder win appeal over Bridge of Allan housing development

A family dairy company and a housebuilder who challenged a Scottish local authority’s refusal to grant planning permission for a new housing development on green belt land have successfully appealed against the decision.

Court of Session Inner House — 24 January 2019

Motorcyclist who crashed into back of car which stopped for ‘no reason’ awarded damages

A motorcyclist who was injured after crashing into the back of a car which performed an unnecessary “emergency stop” has been awarded nearly £50,000 damages.

Sheriff Court — 23 January 2019

Agent entitled to challenge planning decision as an ‘aggrieved person’, judge rules in dismissing preliminary objection to appeal

An agent acting on behalf of a landowner and a contractor in relation to proposed works at a quarry should be regarded as “aggrieved person” and therefore entitled to challenge a planning decision, a Court of Session judge has ruled.

Court of Session Inner House — 22 January 2019

Consumers entitled to refund for rejected goods they gave away after company failed to collect

A consumer who purchased a new living room suite but rejected it following delivery because it was not of satisfactory quality and later gave it away after the seller ignored repeated requests to uplift the goods is entitled to a full refund, an appeal court has ruled.

Sheriff Appeal Court — 21 January 2019

Woman injured in fall wins damages after appealing against sheriff’s ‘volenti non fit injuria’ ruling

A woman with medical problems and restricted mobility who sued public works contractors after she fell and was injured as she tried to access her front door while excavation works were ongoing outside the property has won her appeal for damages.

Sheriff Appeal Court — 16 January 2019

Scots lawyer fined £7,500 for failing to act in client’s best interests 

A Scottish solicitor who failed to progress a case on behalf of a client who was suing his former employer has been fined £7,500. Quinton Muir, 51, was found guilty of “professional misconduct” by

Scottish Solicitors Discipline Tribunal — 15 January 2019

Judge rejects father’s bid to return cancer-stricken daughter to Ireland after ruling child was ‘habitually resident’ with mother in Scotland 

An Irish father-of-one who claimed that his estranged Scottish wife had unlawfully retained their daughter in Scotland after the child underwent emergency cancer treatment here has had an application for a court order for the toddler’s return to Ireland dismissed.

Court of Session Outer House — 14 January 2019

Scots lawyer struck off following embezzlement conviction

A Scots lawyer convicted of embezzling more than £20,000 of clients’ money has been struck off the solicitors’ roll by the Scottish Solicitors’ Discipline Tribunal (SSDT).

Scottish Solicitors Discipline Tribunal — 11 January 2019

Property developer succeeds in case against Scottish council over rescission of missives

A Scottish local authority which entered into missives for the sale of land to a property developer and subsequently granted planning permission for the redevelopment of the site was not entitled to rescind the contract on the basis that the appropriate fee had not been paid when the planning application was submitted.

Court of Session Outer House — 10 January 2019

Rapist who claimed delayed distress did not corroborate lack of consent loses appeal against conviction

A man found guilty of rape who claimed that the evidence of the complainer’s distress, which was exhibited more than a day after the incident, was “too remote” to corroborate her account of lack of consent because she did not show any signs of distress in the intervening period has had an appeal against his conviction rejected.

Appeal Court of the High Court of Justiciary — 9 January 2019

Teenager convicted of assault wins appeal against custodial sentence

A teenager who was sentenced to 18 months’ detention after being convicted of assault has had his custodial sentence quashed following an appeal.

Appeal Court of the High Court of Justiciary — 8 January 2019

Judge allows personal injury claim against Police Scotland to proceed despite ‘inordinate and inexcusable delay’

A woman who was injured in a road traffic accident when a car she was travelling in was struck by a police van is suing Police Scotland for damages.

Court of Session Outer House — 7 January 2019

Pursuer’s offers not available in appeals to Inner House, court rules 

A pursuer’s offer cannot be lodged and given effect to in the Inner House of the Court of Session, appeal judges have ruled.

Court of Session Inner House — 21 December 2018