Case Reports

An internal rule of an undertaking which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination, the Court of Justice of the European Union has ruled. However, in the absence of such a rule, the willingness of an employer to take acc

A solicitor and RAF wing commander found guilty of behaving in a “threatening or abusive manner” towards his wife has had an appeal refused after claiming he should have been given an “absolute discharge”. The Sheriff Appeal Court rejected the appellant’s claim that there had been a “mis

A Turkish judge who was dismissed in the wake of last year’s attempted coup d’État has had her application to the European Court of Human Rights unanimously declared inadmissible on the basis domestic law provides a remedy. The case concerns the dismissal of Kadriye Çatal by the Supreme Counci

” by the appellant. Accordingly, it would not have been sufficient for the appellant simply to have knowledge of assaults being committed by her co-accused and, it was submitted, it was essential that the jury were given clear directions to enable them to understand what was necessary by way of ev

Member states may reserve to notaries the power to authenticate signatures appended to the documents necessary for the creation or transfer of rights to real property, the Court of Justice of the European Union has ruled. This requirement contributes to guaranteeing the legal certainty of real prope

A man who claimed that a Scots lawyer who acted for his wife in a divorce action marketed the estranged couple’s property for sale without his consent has failed in an appeal against a tribunal’s decision to dismiss his complaint against the solicitor. The Inner House of the Court of Session rul

A former prisoner who claimed that the policy of hand-cuffing him when he was escorted from jail to hospital for medical appointments while he was serving his sentence breached his human rights has had a damages claim dismissed. Easdale Campbell, who was convicted of attempted murder in 1996, argued

A couple who claim their house has been damaged by black “whisky fungus” from a local distillery will be able to pursue their action for damages. A judge in the Court of Session ruled that Thomas Chalmers and his wife Gail Chalmers had pled a “sufficient case” on liability to allow their cla

A consultant cardiac surgeon who disputed a sheriff’s fatal accident inquiry finding over a “reasonable precaution” which the doctor could have taken whereby the death might have been avoided has had his legal challenge against the determination dismissed. A judge in the Court of Session refus

The liquidator of a multi-million pound hedge fund who raised a damages action against two Scottish legal firms for alleged “breached of contract, negligence, breach of fiduciary duties and dishonest assistance” has been granted a proof before answer. The Inner House of the Court of Session rule

Parents who challenged a permanence order made in respect of their child have had their appeals against a decision of the Inner House unanimously allowed by Justices in the Supreme Court. These appeals arise out of an application by West Lothian Council (“the local authority”) for a permanence o

A jobseeker who was denied employment in a care home after a disclosure check revealed that he had been “convicted” before a Children’s Hearing of lewd and libidinous practices nearly three decades ago had his human rights breached. A judge in the Court of Session ruled that the automatic disc

A Scottish mother has lost a legal dispute with the Australian father of her child after failing in an appeal against a judge’s ruling that their one-year-old son should be returned from Scotland to Brisbane so judges there can determine the baby’s future. The Inner House of the Court of Session

A worker who was seeking damages from his ex-employers after being injured in an accident at work is now suing his former solicitors for loss caused to him over their failure to raise an action in time. Christopher Brits raised an action against Kilcoyne and Co after they missed the three-year time

The family of a Turkish businessman who was granted indefinite leave to remain in the UK have successfully challenged a decision by the Home Secretary to refuse their applications to stay in the country. A judge in the Court of Session ruled that the Secretary of State for the Home Department was wr