Case Reports

The Sheriff Appeal Court has refused an appeal against the dismissal of a simple procedure claim raised by a couple against a package holiday company following a successful plea by the company of res judicata, after finding that a previous arbitration process on the same issues was binding on the pa

A sheriff has determined that the death of an elderly care home resident who choked on a steak pie after being given the wrong evening meal could have been avoided if the plates on which meals for particular diets were served had been more clearly delineated, such as by labelling or the use of colou

The High Court of Justiciary has refused an appeal against a conviction for attempted murder using a vehicle on the basis of the lack of availability of the complainer to give evidence after finding that a deliberate decision was taken at the time by the defence not to seek to lead his evidence. Kas

A teenager made subject to an Order for Lifelong Restricting after assaulting a 15-year-old boy on his 17th birthday, having previously been convicted of other acts of violence, has lost an appeal against the order before the High Court of Justiciary, although it was noted by the court that the inab

A sheriff has dismissed a simple procedure claim arising from rent arrears from a terminated private residential tenancy after rejecting a submission from the landlord, based on information obtained using AI, that the sheriff had jurisdiction if the tenancy had concluded prior to the raising of the

A solicitor who sought leave to appeal two decisions of the Scottish Legal Complaints Commission that complaints made against him by the Faculty of Advocates and the Law Society of Scotland were not totally without merit has been granted permission solely in respect of the second complaint by the Ex

A disabled man who alleged his local authority had breached the Equality Act 2010 by offering him a third-floor flat in the knowledge of his severe mobility issues has been refused permission to amend his pleadings to include an additional averment of disability discrimination after a sheriff found

A lord ordinary has granted a motion for the sist of a divorce action raised by a Nigerian-born Dutch citizen against her Nigerian husband, who had worked in Scotland from April 2024 to December 2025, after finding that it was in the interests of justice to resolve an appeal against the dismissal of

An appeal under section 11 of the Tribunals and Inquiries Act 1992 by a dentist found to be unsuitable to provide NHS dental services on the basis that he exploited the Scottish government’s emergency payment scheme during the Covid-19 pandemic has been refused by the Inner House of the Court

A sheriff conducting a fatal accident inquiry into the death of a mechanical fitter who sustained fatal injuries when he became entangled in the bar of a boring machine has concluded that the accident could have been avoided if his employer had increased the frequency with which it conducted safety

In one of Scotland’s first court cases on the legality of covert monitoring of employees in the workplace, the pursuer, a leading firm of immigration law advisors, conducted extensive surveillance to expose an alleged client-poaching ring amongst its senior in-house solicitor, the first defend

A local authority has lost an appeal before the Sheriff Appeal Court seeking to overturn an order to pay damages to the father of a school pupil seeking rectification of an inaccurate risk assessment document prepared after she experienced bullying, after the court concluded that the sheriff was cor

A group set up to oppose the erection of electricity pylons in Galloway as part of a planned project to replace the area’s electrical infrastructure have lost a petition for judicial review seeking to overturn the grant of permission for the project to proceed after a Lord Ordinary found that

A lord ordinary has declared that the Scottish Prison Service failed to provide appropriate rehabilitative opportunities to a prisoner sentenced to an Order for Lifelong Restriction who was removed from the waiting list for its Self Change Programme after deciding the programme could not address his

A lord ordinary has refused in hoc statu an insurer’s motion to dismiss a £2.5 million damages claim in respect of a brain injury sustained in an accident involving a car and a motorcycle after finding that, while the pursuer had greatly exaggerated the extent of his injuries and lied to