Case Reports

The Inner House of the Court of Session has allowed an appeal against a decision to dismiss an action against a regular of a wine bar who was said to have contributed to the death of another patron after he invited her to sit with him on an unstable shelf in the outdoor area of the bar. Roderick Fin

An Edinburgh sheriff has declared that a retired lecturer who disappeared in June 2023, having last been seen at a beach in North Berwick, had taken his own life by drowning after his children applied to the court for declarator to that effect. The three children of AM sought declarator that their f

The Sheriff Appeal Court has reduced an interim order granted by a Glasgow sheriff giving a woman a right of occupancy in her former cohabitant’s property even though the order was granted nearly a year after they ceased cohabiting. Pursuer Marianne McBride originally obtained an interlocutor

The Upper Tribunal has refused a student who rented a room from an unregistered landlord permission to appeal against her eviction after determining that no legitimate ground of appeal had been raised. Trinity Patel rented a room from Mark Stubbs until she was evicted to allow the landlord to sell t

The Inner House of the Court of Session has refused a reclaiming motion by a building firm against a decision that a sub-contractor’s claim for damages from a wrongful interdict granted over five years ago had not been extinguished by negative prescription, and ordered a proof limited to quant

A lord ordinary has reduced a purported agricultural lease ope exceptionis under which a farming family claimed to occupy a farm subject to a defaulted secured loan and rejected a claim by the family seeking reduction of a sheriff court decree ordering the removal of the occupants of the farm. Dunca

A Dundee sheriff has found that a supplier of temporary care home workers had successfully imposed its terms and conditions in a contract with a care home operator and was entitled to over £30,000 of outstanding payments for booked workers. Pursuer Staffscanner Ltd supplied temporary healthcar

A tax advisory company has lost a claim raised against a fruit and vegetable wholesaler that engaged its services after a sheriff ruled that a purported £9,600 “cancellation fee” said to be part of the company’s standard terms had not been incorporated into the contract betwe

A Glasgow sheriff hearing a defamation action raised by a restaurant operator has ruled that an ordinary reader of comments posted online by a trade union about a wage change by the company would understand that the employees’ wages were being reduced. Ashton Properties (Glasgow) Ltd alleged t

The owner of an Edinburgh rental property who was charged two months of council tax for a period in which the bathroom was undergoing significant repair has lost an appeal against the Local Taxation Chamber of the First-tier Tribunal for Scotland’s decision to uphold the refusal of his applica

A lord ordinary has ruled that the employer of a demolition worker was not liable for the amputation of his right leg below the knee following a job in which his toes became infected due to a failure to establish causation. Joseph McIlwraith, who was diabetic and thus susceptible to requiring an amp

The Court of Appeal has refused an appeal against the dismissal of a telecom company’s application for an interim injunction in an ongoing patent licensing dispute between itself and another company in a related industry. Motorola Mobility LLC and Lenovo (United States) Inc (collectively refer

An employment tribunal has awarded a man over £21,000 after finding he was unfairly dismissed from his employment with the Royal British Legion Scotland’s Arbroath and District Branch after making a protected disclosure about health and safety concerns at the bar he worked in. It was fur

The UK Supreme Court has dismissed an appeal by the company that supplies referees and other match officials in top-level UK football competitions against an Upper Tribunal decision that parts of a dispute between it and HM Revenue and Customs required to be re-heard before the First-tier Tribunal.

A commercial judge has directed that an administration process for a company registered in Luxembourg but with its principal asset comprising a long lease of commercial premises in Scotland should be regarded as ancillary to a primary insolvency process already underway in Luxembourg. Stuart Preston