Disabled tenants in private or social housing could be given greater protection from eviction following a judgement from the UK’s highest civil court. The Supreme Court this week ruled that a court must give detailed consideration to a defence to a landlord’s claim for possession by a disabled t
Case Reports
A woman detained in a Scottish hospital under mental health legislation who challenged a warrant which was granted for her transfer to Holland had had an appeal against the decision refused. Sheriff Principal Derek Pyle (pictured) heard that the appellant “K” was detained in April 2014 within Ne
A property developer who took a loan from a bank for the purchase and development of land in 2007 but which the bank argued was merely for the purchase of the land has won his appeal in the UK Supreme Court after it held the bank made a legally binding promise for sums covering both purchase and dev
A diabetic woman of small stature whose son was born with serious disabilities and who claimed she had not been fully informed of the risks of giving birth has won a unanimous appeal against a decision of the Inner House of the Court of Session in the UK Supreme Court. President of the court, Lord N
The son of a woman with Alzheimer’s disease who challenged a decision of the Mental Health Tribunal for Scotland (MHTS) to make a compulsory treatment order (CTO) in relation to his mother has had his appeal refused. Judges in the Inner House of the Court of Session upheld a ruling of the sheriff
The man found guilty of the “limbs in the loch” murder has had an appeal against a decision of the Scottish Information Commissioner concerning a freedom of information request he made to the Scottish Prison Service refused. William Beggs alleged that commissioner Rosemary Agnew made “fundamen
Two accused persons charged with being concerned in the supply of cannabis resin after their car was stopped and “unlawfully” searched by police have had their appeals against a sheriff’s decision to dismiss their challenge to the admissibility of the evidence of the search refused. The Crimin
A Scottish local authority has been granted permanence orders in relation to three sibling children whose mother had a history of alcohol abuse, after a judge in the Court of Session ruled that it would be “better” for each of the three boys that an order be made than not. Lord Brailsford (pictu
The owner of a fire-damaged church whose claim on an insurance policy was repudiated by insurers has had a counterclaim for indemnification for losses arising from the blaze dismissed by a judge in the Court of Session. Lord Boyd of Duncansby (pictured) heard that in January 1998 the defender Lady I
A woman who was jailed for a minimum of 20 years after being found guilty of murdering a vulnerable neighbour has had an appeal against the sentence imposed refused. The main ground of appeal concerned the appellant’s medical and mental condition and the fact that she had undergone gender reassign
The Criminal Appeal Court has issued an opinion designed to highlight the point that a decision of a sifting judge must relate to the questions posed in a stated case and not to the content of any earlier application to the court. The Lord Justice Clerk, Lord Carloway (pictured), observed that while
The owner of an abandoned heard of pigs and flock of hens has failed in an appeal against a sheriff’s decision to allow a Scottish local authority to take the animals into care and sell them. Judges in the Inner House of the Court of Sessionrefused an appeal by Kevin Martin, who claimed that the s
An English Premier League football club has been held “vicariously liable” after one of its youth team players suffered a cardiac arrest in his first match and was left brain damaged. Radwan Hamed, who was 17 when he collapsed during a youth team game in Belgium in August 2006, raised an action
An oil company is suing the Scottish Government over claims its property is being contaminated by “hazardous chemicals” released from land used for the M74 extension. Esso Petroleum wants the Scottish Ministers to take action to prevent further escapes and is seeking damages for the cost of moni
A seriously injured girl whose contributory negligence in a car accident was assessed at 70 per cent in a decision of an Extra Division of the Inner House of the Court of Session and whose share of damages was calculated accordingly has won an appeal against the assessment by a majority of 3-2 in th