Case Reports

An appeal by the former client of a firm of surveyors against an order for payment for services in relation to a boundary discrepancy at her property she claimed rendered her house unsellable has been refused by the Sheriff Appeal Court. Alias Smith & Garrett Ltd originally raised a Simple Proce

A solicitor who was granted a conditional practising certificate after applying to be restored to the roll of solicitors has lost a Court of Session challenge against the imposition of the condition by the Practising Sub-Committee of the Law Society of Scotland. Patrick McAuley, whose name was remov

A man who was sexually abused by a priest at a Roman Catholic primary school when he was five or six and developed Complex Post Traumatic Stress Disorder as a result of that and other abuse has been awarded £627,000 in damages by the Outer House of the Court of Session. The anonymous pursuer,

A judicial review challenge by a pharmacy company against a decision to refuse an appeal against the inclusion of a new company on the pharmaceutical list for the Greater Glasgow and Clyde area has been rejected by the Outer House of the Court of Session. Abbey Chemists Ltd contested the decision to

A hospitality business that had a Small Business Grant Fund application refused by a local authority has had an action for payment of just over £39,000 dismissed after a sheriff found that no duty of care was owed to them in issuing the refusal. 4U2 Ltd averred that Glasgow City Council had ne

A Caithness man who subjected women to torture and degrading treatment in an underground “tomb” chamber at his remote cabin home and at other locations abroad has been made subject to a five-year Trafficking and Exploitation Order under section 26 of the Human Trafficking and Exploitatio

A lord ordinary has refused to dismiss a £2.25 million action brought against the successor firm of a firm of solicitors that allegedly tendered negligent advice to a client in respect of a breach of warranty dispute on the basis of novation, and ordered a proof before answer. Andrew Marr Inte

The High Court of Justiciary has quashed a conviction for indecent assault after ruling that the corroborating evidence of the complainer’s distress nine years after the conduct complained of was too late afterwards to allow a jury to attribute it to the commission of the crime. Peter McGuines

A sheriff has ruled that it would be disproportionate for a housing association to evict a tenant under a Scottish secure tenancy with a lifelong psychiatric disorder after proceedings for recovery of possession were raised based on anti-social and criminal behaviour in Glasgow Sheriff Court. Wheatl

A convicted murderer who was denied release on licence has lost a judicial review challenge against the decision not to order his release after he was denied unredacted versions of reports prepared about him in advance of an oral hearing. Luke Mitchell, who became eligible for release on licence in

A sheriff has ordered a company and its sole director to pay the excess monies from the sale of commercial premises to satisfy a secured debt to the premises’ original owner after he raised an action for accounting and payment seeking to enforce an agreement he had with them regarding the sale

A Dumbarton sheriff has ruled that the purchaser of a used car that developed acceleration issues 11 months after he acquired it could not exercise the right to reject the vehicle after finding that the car was of satisfactory quality at the date of sale. David Adam purchased the vehicle under a con

The High Court of Justiciary has imposed a longer period of detention on a teenager who was given an extended sentence in respect of offences of assault and culpable homicide against two different men on the same day after a challenge to his original sentence by the Crown. EK, who at age 15 tendered

A sheriff in the Upper Tribunal for Scotland has allowed an appeal against a Low Emission Zone penalty charge notice after finding that the issuing authority had not provided sufficient evidence of the vehicle’s non-compliance, and remitted the case to the First-tier Tribunal. Damion Spittles

A Falkirk sheriff has appointed for proof an action by a couple against their former solicitors who failed to inform them of a housing proposal for ground next to their new home after finding that they had a relevant case for professional negligence. Fraser and Vivian Allison instructed Russel &