Case Reports

The son of a couple who sold part of their farmland to the Highland Council as part of a road development has been unsuccessful in an action seeking declarator that he had an unrestricted servitude of access over adjacent land also acquired by the Council during the construction process. Alasdair Ma

An Employment Tribunal has dismissed a case of discrimination and unfair dismissal brought by a former security company employee who alleged she was discriminated against based on her Orthodox Christian beliefs not allowing her to wear a bracelet. Mariana Nijiloveanu, a Romanian national, was asked

The Court of Appeal of England and Wales has ruled that a secondary school could not be held liable for tortious acts committed by a former pupil undertaking a work experience placement (WEP) in the PE department, after an appeal was brought against a High Court decision to that effect. Claimant and

A Lord Ordinary has refused a petition by a father seeking the return of two children to Poland after their mother took them back to Scotland, where they had lived the majority of their lives, on the basis that they would be at risk of harm if returned. Petitioner MP sought the return of his childre

Two siblings who alleged that their stepmother forged the signature of their late father in a codicil altering the manner in which his property was to be distributed have succeeded in an action for reduction in the Outer House of the Court of Session. David Niven and Carole Melaisi, the children of

A sheriff of the Upper Tribunal for Scotland has rejected an appeal by a local authority in which it sought to challenge a First-tier Tribunal decision that it could not issue a Penalty Charge Notice to a vehicle parked on private land owned by a church accessed by crossing pavement. The City of Edi

A Lord Ordinary has ordered a tribunal to rehear the application of a 50-year-old man whose claim for criminal injuries compensation in respect of sexual assaults committed against him in the 1980s was refused. Petitioner DM argued that the First-tier Tribunal’s Social Entitlement Chamber had

An appeal against a dismissal of a damages claim by a homeless person against a local authority who was refused homelessness assistance due to his immigration status has been refused by the Sheriff Appeal Court. Riad Djennas alleged that Glasgow City Council had failed to comply with its duties towa

An Edinburgh doctor who was given an interim suspension by the General Medical Council after being detained regarding allegations of terrorist activity in Northern Ireland has had his suspension extended following a successful petition by the GMC to the Outer House of the Court of Session. The respo

The High Court of Justiciary has tripled a fine imposed on a care home that pled guilty to an offence under the Health and Safety at Work etc Act 1974 following the death of a resident after the Crown challenged the original level of fine as being unduly lenient. Tigh-Na-Muirn Ltd pled guilty to the

The Sheriff Appeal Court has rejected a challenge to a sheriff’s decision that a partnership agreement which was altered without the understood consent of one of its partners to introduce a new managing partner could be reduced on the grounds of essential error induced by misrepresentation and

A final-year dental student at a Scottish university whose studies were terminated due to what the university saw as ongoing professionalism issues has had a petition for judicial review of the decision to uphold his terminated refused. Petitioner SM sought reduction of the decision of the universit

An application by two landlords for permission to appeal a decision of the First-tier Tribunal for Scotland that they had failed to comply with the terms of a Repairing Standard Enforcement Order has been refused by a sheriff of the Upper Tribunal for Scotland. Razia and Mohammed Saeed, who let a pr

A Note of Objection by a pursuer who settled a personal injury action against a decision of the Auditor of Court to disallow fees for junior counsel instructed halfway through the claim has been refused by a Lord Ordinary of the Court of Session. Samantha Maguire settled her claim against Black Isle

An Edinburgh sheriff has ruled that the extradition of a man requested to stand trial in Utah in respect of charges of rape, who claimed he was an orphan from Ireland and not the requested person, would be compatible with the Human Rights Act 1998. It was held in November 2022 that the requested per