Case Reports

The Court of Protection of England and Wales has declined to recognise and enforce a Scottish Guardianship Order authorising the mother of a Scottish woman with moderate intellectual disabilities to consent to the deprivation of her liberty. The SGO was awarded by Aberdeenshire Council on the applic

The Outer House of the Court of Session has rejected a challenge to a will made by an Edinburgh man two days before his death following a wedding ceremony conducted in his flat after his son alleged that the signature on the document had been forged. The first defender, Thorntons Trustees Ltd, relie

A lord ordinary has found that a man living in England who livestreamed accusations that two brothers were involved in organised crime in Greenock was in contempt of an interdict issued by the Court of Session in May 2023 ordering him to cease defaming them. The respondent, Paul Hendry, had attempte

The High Court of Justiciary has refused an appeal by a man convicted of anally raping his ex-girlfriend when they were both 15 after finding that the jury would not have been confused by certain statements made by the prosecution. Counsel for the appellant, EM, argued that the jury lacked clarity o

A woman who was refused a review of her council tax banding by the Assessor for Lanarkshire Valuation Joint Board and had a challenge to that refusal rejected by the First-tier Tribunal for Scotland has failed to obtain permission to further challenge the decision before the Upper Tribunal. Appellan

The Outer House of the Court of Session has refused a motion for leave to appeal against a lord ordinary’s decision to authorise a representative party in group proceedings against various companies in relation to nitrogen oxide emissions from BMW vehicles. A group of several thousand persons

A local authority has won an appeal in the Upper Tribunal for Scotland against a decision that a woman who entered the wrong registration number into a parking payment app used in a council car park was required to pay a Penalty Charge Notice for parking without displaying a valid ticket. Fife Counc

A lord ordinary has ruled that an action by Scottish Gas Networks Plc in which it sought £3 million from the insurers of a quarrying company whose operations forced the costly diversion of a gas pipeline was sufficiently relevant to proceed to probation. The pursuer’s action against QBE

The High Court of Justiciary has imposed an Order for Lifelong Restriction on a man who took a knife into hospital and told staff he wanted to kill people after he made an appeal against his sentence, having decided that he could meet the risk criteria under section 210E of the Criminal Procedure (S

The Supreme Court has found that the insurers of a van driver who negligently collided with a woman in a car she had hired while her own car was in for repairs were required to pay her the amount that she had to pay the hire car company to compensate them for the time the vehicle was not in use. The

A commercial judge has held that a structural engineer hired for an Edinburgh building project could not be compelled to execute and deliver a collateral warranty in favour of the landowner over five years after the conclusion of a contract between the engineer and the project’s contractor in

An appeal by a police officer who was arrested and charged with wilful neglect of duty after arresting someone without due cause and remanding him into custody for four days has been dismissed by the Sheriff Appeal Court after it found that the police had not acted unlawfully in detaining him. Appel

The Sheriff Appeal Court has allowed an appeal in an action for count, reckoning and payment by the son and beneficiary of a deceased farmer who claimed that his brother, the deceased’s executor nominate and sole remaining trustee of his estate, had improperly made deductions from his share of

A community interest company set up to protect the interests of Scottish wildcats has had a petition seeking to reduce a grant of consent for a windfarm to be built in or near a known wildcat habitat refused. The Scottish ministers granted consent for Vattenfall Wind Power Ltd to build and operate a

An employment judge has struck out a claim of unlawful dismissal based on age and disability discrimination by a man who was dismissed after he produced a knife during a meeting with his manager and mimed stabbing himself. Edinburgh Napier University had sought dismissal of the claim on the basis th