Case Reports

An appeal to the Court of Session against a decision that the tenant of a farm in Kelso did not breach his repairing obligations under his lease has been refused by the Inner House after finding that the Scottish Land Court had not erred in its construction of the contract. It was held by the Land C

A lord ordinary has rejected a challenge to a part award made by an arbitrator in a commercial lease dispute after ruling that the legal error contended for by the petitioner did not arise. The petitioner was the tenant of premises in Glasgow from which they had operated a hotel accommodation busine

The Sheriff Appeal Court has quashed a sheriff’s order allowing the recovery of telephone records from devices owned by a complainer in a summary complaint under the Domestic Abuse (Scotland) Act 2018 after finding that it was unnecessary in the circumstances of the case. Counsel for the Procu

The Inner House of the Court of Session has allowed a reclaiming motion challenging a lord ordinary’s finding that a long-running legal dispute between a Scottish company and its tea plantation workers in Kenya can be heard in Scotland, and sisted the case until the resolution of individual pr

A freight company that sought over £230,000 from a firm of solicitors on the basis that it provided negligent advice during a contentious settlement discussion with a former contractor has been unsuccessful in an action before the Outer House of the Court of Session. Ronnie O’Neill Freig

A challenge to the legislative competence of the Cost of Living (Tenant Protection) Scotland Act 2022 and its imposition of a rent cap and eviction moratorium on private residential tenancies has been refused by a Lord Ordinary in the Outer House of the Court of Session. It was argued by the Scottis

An appeal against a Lord Ordinary’s decision that revised guidance on the meaning of the word “woman” as contained in the Gender Representation on Public Boards (Scotland) Act 2018 is lawful has been refused by the Inner House of the Court of Session. In a previous petition, For Wo

An appeal against conviction by a man who committed 14 assaults against his former partner based on a trial sheriff’s non-withdrawal of a jury direction that he later conceded could not be used to achieve a conviction has been refused by the High Court of Justiciary. Counsel for appellant DM a

A judicial review petition by a vehicle repair business challenging the lawfulness of the imposition of a Low Emissions Zone in Glasgow City Centre has been refused by a judge in the Outer House of the Court of Session. John Paton & Sons Ltd argued that . Glasgow City Council’s position wa

The holding company responsible for easyJet and other related businesses with ‘easy’ in their names has lost an appeal against a judgment of the High Court of England and Wales that a business called “EasyOffices” had not infringed on its trade marks and the revocation of its

The High Court of Justiciary has extended the custodial sentence of a man convicted of forcefully raping three previous partners after an appeal against the leniency of his original sentence by the Crown.  Respondent RM was convicted of three charges of rape against three complainers, each of w

The UK Supreme Court has ruled that a Scottish company director had acquired a securities option from his company as part of measures to financially rescue it and became subject to income tax after an appeal against an Inner House decision to the opposite effect was made by HM Revenue and Customs. V

An English judge has ruled that a mother who objected to her baby being given routine vaccinations on religious grounds could not have her local authority injuncted from giving him vaccinations while he was placed into care. UPP, the mother of the child, maintained it was not in his best interests t

A personal injury sheriff has refused a motion for expenses by a successful defender in a case covered by qualified one-way cost shifting after rejecting their argument that the pursuer’s conduct had been unreasonable. Defender Robert Mykytyn, who was granted decree of absolvitor in an action

The Supreme Court has ruled that a woman whose father died in a bomb explosion orchestrated by the IRA in 1988 could not challenge a decision by the Attorney General of Northern Ireland not to further investigate the death. It was the position of the AGNI that the Human Rights Act 1998 did not impos