Case Reports

A Glasgow sheriff has dismissed a claim against an eye clinic and the executor nominate of one of its opticians by a patient who developed significant eye problems following LASIK surgery after finding that she had failed to take steps to contact them in 2009 when she first reported problems with he

The Sheriff Appeal Court has refused an appeal against the refusal of an amendment to of a five-year Non-Harassment Order to allow a convicted abuser to have contact with one of the complainer’s two sons, having already obtained an exception in respect of the other child as he was the child&rs

A lord ordinary hearing an action for damages by a retired labourer who contracted mesothelioma following exposure from two different employers has split liability between the two defenders on a nearly 99.9 to 0.1 per cent basis after finding that it would not be appropriate to make a nil apportionm

The Inner House of the Court of Session has refused an appeal against a decision that a university was entitled to charge the higher rate of tuition fees to a South African-born optometry student who held UK citizenship by birthright and fled the country due to threats against his family, holding th

A lord ordinary, in an ex tempore judgment in respect of a petition by a former member of a community council seeking to overturn its dissolution, has ruled that, while the decision to dissolve was taken on an unlawful basis, her petition required to be refused on the ground that it was academic due

A lord ordinary has refused to grant an interim order for transfer of funds to a pursuer who claimed that various sums seized from his premises in October 2015 under the Proceeds of Crime Act 2002 continued to be retained unlawfully following the end of his prosecution for VAT fraud, after finding t

A judge in the Outer House of the Court of Session has rejected a challenge by a housing developer to a local authority’s decision not to approve £21.4 million in funding for development of land they owned in Ayrshire, after finding that councillors were not provided with insufficient in

The Inner House of the Court of Session has allowed an appeal by the Scottish ministers against a decision of the Scottish Information Commissioner to order the disclosure of material subject to legal professional privilege as part of a freedom of information request seeking material relating to the

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