Case Reports

A commercial judge in the Outer House of the Court of Session has ruled that the tenant of a pharmacy was not obliged to leave its fixtures and fittings behind upon return to the landlord at the end of the lease. David Tanner, who previously operated pharmacies trading as David Tanner Ltd, argued th

A Glasgow flat owner who claimed the factor for her building had failed to obtain the best possible insurance rate has succeeded in appeal before the Upper Tribunal for Scotland. Corrine Sinclair argued that the First-tier Tribunal for Scotland had erred in finding the respondent, Speirs Gumley Prop

A Perth sheriff has dismissed an action by a man seeking legal rights in relation to his late father’s estate after he was not nominated as a beneficiary under his testamentary writings. Ian Harley raised the action against the executrix nominate of the late James Harley’s estate, his wi

A woman who was removed from the Register of Private Landlords after concerns were raised about two of her properties in Paisley has been refused permission to appeal the decision to the Upper Tribunal for Scotland. Anu Sharma was removed from the register by Renfrewshire Council after it determined

An Aberdeen sheriff has found that the death of a Croatian man who died at sea while attempting to paint a ship could have been avoided had appropriate safety measures been taken. Pjero Kurida had been employed on an offshore supply ship, the Athina, then owned by ER Offshore GmbH. He died in hospit

An Iraqi Kurd who claimed he would be at risk of an honour killing by his wife’s family if he was returned to Iraq has had an appeal against a Lord Ordinary’s decision not to accept his petition for judicial review refused by the Inner House of the Court of Session. Mariwan Hassan argued

A Glasgow sheriff has refused three appeals under the Bankruptcy (Scotland) Act 2016 challenging a series of decisions made by the Accountant in Bankruptcy for a man sequestrated in 2018 considering debts said to total over £200,000. It had been determined by the AiB that there was insufficien

A Falkirk couple seeking reparation from a fuel company after their oil tank developed a leak have been refused permission to lead secondary evidence as to the tank’s condition. An objection to the evidence was lodged by the defender, Highland Fuels Ltd, on the basis that their case had been p

A man who sought approximately £33.3 quadrillion in damages from various parties following an unfavourable arbitration decision has had an extended civil restraint order (ECRO) made against him by the English High Court of Justice. Sayed Sangamneheri, who appeared as a litigant in person, soug

An application seeking to appeal a decision of the First-tier Tribunal for Scotland refusing an eviction order for a tenant in rent arrears has been rejected by the housing division of the Upper Tribunal for Scotland. It was argued by the appellants, Amer and Nosheen Rafique, that the relevant evict

A farmer who had an enforcement notice served on him for breaches of planning control at his property in Carnoustie has had his appeal against the decision to let part of it stand refused by the Inner House of the Court of Session. Martin Gibb challenged the decision of a reporter for the Scottish M

Two foster carers and prospective adopters of a five-year-old girl who was assaulted by her mother’s ex-partner have failed to challenge the decision of a children’s hearing not to withhold their names and address from the child’s mother. It was determined by the hearing that the c

A claim by a provider of online legal services alleging a breach of contract by a client to which it supplied it services as an add-on for insurance packages has been refused by an English judge. Epoq Legal Ltd argued that DAS Legal Expenses Insurance Ltd was in breach of contract and was obliged to

A couple who moved out of their rented property early by mutual agreement have successfully challenged a finding that they were due to pay £383 of rent arrears to his former landlord. Thomas and Anne Linden rented a property from respondent Alexander MacPherson from June 2018 to March 2021. Th

An appeal to the Sheriff Appeal Court by a mother involved in a referral to a children’s hearing based on errors in the sheriff’s approach to evidence has been largely refused apart from one point conceded by the sheriff. It was argued by the appellant CB that the proceedings as a whole