Case Reports

A man who took photographs of two witnesses in a case against him seeking his disqualification as a company director has lost his appeal against a finding that he was in contempt of court after the Sheriff Appeal Court found that his conduct objectively amounted to contempt regardless of his stated

A sheriff has allowed a claim by two landowners against their neighbour, whom they averred harmed the wedding business on their land by performing extensive excavation work next to it, to proceed on the basis of pure economic loss based on an intentional or reckless delict of nuisance, but excluded

The Supreme Court has dismissed a final appeal by Scottish Power against a decision that it was liable to pay damages to the family of an employee who died of mesothelioma following the settlement of his own claim against the company in 2014, after ruling that the deceased did not need to be sufferi

The Sheriff Appeal Court has refused an appeal by the purchaser of a second-hand vehicle on hire-purchase against a decision that he had not validly rejected the vehicle following a clutch failure nine months after delivery, after ruling that the deciding sheriff had not failed to take into account

A sheriff conducting a fatal accident inquiry into the death of a care home resident with dementia who choked on her food after being left alone in her room with her breakfast has concluded that her death could have been avoided if she had been supervised while she was eating and more information ab

An appeal by a legal practitioner who claimed that the Crown was liable in delict for alleged civil wrongs committed by a former sheriff has been unanimously dismissed by justices in the Supreme Court on the basis it was bound to fail at the first stage of the vicarious liability enquiry. Lord Reed

The Inner House of the Court of Session has rejected a challenge under the Road Traffic Regulation Act 1984 to the indefinite continuation of an experimental traffic order preventing private vehicles using defined sections of roads in Aberdeen city centre after ruling that Aberdeen City Council did

An employment tribunal has found that the NHS Fife Health Board harassed a nurse by failing to revoke a trans doctor’s permission to use a female changing room until they were on separate shifts and taking an unreasonable length of time to investigate allegations against her, but dismissed the

A mother whose daughter who suffered a brain injury during labour resulting in cerebral palsy has successfully established liability on the part of her health board after a lord ordinary found that an ultrasound ought to have been ordered after a measurement of the Symphysis-Fundal Height on the bab

A Scottish employment tribunal has dismissed a claim for sex discrimination against a security and defence company in respect of its policy allowing trans individuals to use toilets aligning with their gender identity, after ruling that the policy was a proportionate means of achieving a legitimate

A judge in the English High Court has set aside a 2014 judgment of the Chancery Division after the claimants, a family of Scottish dairy farmers, raised an action alleging that the decision in favour of the defendants, which upheld the appointment of the second defendant as receiver in relation to a

An appeal against conviction by a man convicted of three rapes based on a contention that one of the complainers impermissibly referred to criminal conduct not libelled in the terms of the charges has been refused by the High Court of Justiciary after it found that nothing she had said would have me

An Oban sheriff conducting a Fatal Accident Inquiry into the deaths of two pensioners who were assaulted by a man with a mental disorder has declined to make any recommendations for systemic improvements in Police Scotland and NHS Highlands and Islands after concluding that there were no precautions

A lord ordinary has awarded expenses in respect of a now redundant petition for judicial review concerning failure to serve a dangerous building notice in favour of the petitioner after finding that the action could have been entirely avoided by more diligent action from the respondent. Aldi Stores

An appeal by a resident of Duntrune, Angus, against a decision to refuse a challenge of Angus Council’s grant of planning permission on reconsideration for a crematorium near his home has been refused by the Inner House of the Court of Session after it found no error in the reasoning of the pl