Case Reports

A tenant of the Glasgow premises from which the Rogano restaurant traded has lost a Supreme Court appeal over whether it could recover profits allegedly lost by its wholly owned subsidiary as a result of the landlord’s alleged breaches of the lease. The court rejected an argument that Scots la

The Upper Tribunal for Scotland has refused a landlord’s appeal against a decision not to grant an eviction order despite rent arrears of £8,554, finding that the First-tier Tribunal was entitled to give greater weight to the likely homelessness of a tenant and her young children. Sherif

A mother of a child with additional support needs has lost an appeal against a decision that the First-tier Tribunal for Scotland had no jurisdiction to determine her complaint about a local authority’s handling of his transition from nursery to primary school. Lady Carmichael held that the tr

The Sheriff Appeal Court has refused a mother’s appeals arising from the continuation of compulsory supervision orders in respect of her two children and has observed that safeguarders should not normally be appointed in such appeals where no further evidence is being led. The court held that

The Upper Tribunal for Scotland has refused permission to appeal against a decision concerning the removal of a property from the valuation roll and its entry on the council tax list after it failed to meet the 70-night letting requirement. The application was heard by Mr N S Taylor, legal member of

The Outer House of the Court of Session has dismissed an action by a residential developer seeking more than £5 million in damages from a landowner after holding that the developer had previously restricted the manner in which it could exercise its option to purchase the land. The case was hea

A lord ordinary has refused a confectionery manufacturer’s seven-figure damages claim against a Troon sweet shop, finding that its averments of passing off and trademark infringement in relation to Chelsea Whopper chocolate fudge fingers were unsupported by necessary evidence of goodwill, cons

The UK Supreme Court has refused a father’s attempt to obtain a return order in relation to a child wrongfully retained in Scotland by his mother, finding notwithstanding the child’s expressed wish to return to the USA that there remained a grave risk of intolerable psychological harm sh

The Inner House of the Court of Session has refused the reclaiming motion of the landlord in a sub-lease of the Glasgow Grosvenor hotel after finding its arguments on the relevant repairing standard to be contrary to the “clear and obvious purpose” of the terms of the parties’ agre

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