Case Reports

A commercial judge in an £85 million action against 12 defenders has repelled pleas by two of the defenders alleging that the Court of Session did not have jurisdiction over the action as directed against them but allowed a plea by another defender seeking to remove itself based on a prorogati

A woman who lost her husband in a road accident in London has successfully claimed for damages against the driver of the lorry he collided with in the High Court of England and Wales, albeit with a reduction in damages for contributory negligence. Louise Palmer, the widow of the late Simon Palmer, r

The Upper Tribunal for Scotland has allowed an appeal by a landlord ordered to pay over £5,000 to her former student tenants after finding that the First-tier Tribunal had inadequate evidence to reach the conclusions it did. Judith Kennard was ordered to pay a total of £5,175 to the five

A lord ordinary has ruled that it would not be equitable to allow an action by a woman seeking damages for rape by a retired policeman acquitted of criminal charges against her and another woman to proceed. Pursuer PW claimed to have been raped by the defender, KM, in January 1995, but did not comme

Two appeals by the pursuer and defender in a dispute over servitude rights over land including a filling station in Ross-shire have been resolved by the Sheriff Appeal Court determining that the defender did not have the servitude rights he claimed to. AC & IC Fraser & Son Ltd initially rais

The Sheriff Appeal Court has refused an appeal against the refusal of a would-be purchaser of land’s counterclaim seeking rectification of two amended agreements to allow him further time to exercise options to purchase. Landowner Luke Wilkes originally raised an action against appellant Edwar

The man convicted of the murder of Emma Caldwell in 2005 has lost an appeal to the High Court of Justiciary against the length of the punishment part of his life sentence given by the trial judge. Iain Packer was convicted of 33 charges, including sexual assaults on nine additional complainers, on 2

The High Court of Justiciary has imposed a fresh sentence on a man who fired a shotgun into a property in Glasgow and later threatened a police officer with a gun after the Crown challenged the original sentence as unduly lenient. David Docherty, who had been imprisoned on other charges since 11 Sep

The English High Court of Justice has struck out an action purporting to bring a representative claim on behalf of passengers of around 116,000 flights with two UK airlines whose flights were cancelled at short notice and who did not receive compensation after determining that the claim was primaril

The Upper Tribunal for Scotland has refused a disabled man permission to appeal against a decision of the First-tier Tribunal that he fell short of the points requirement to merit an award of adult disability payment. Appellant PY, who had appealed to the FTS against a decision by Social Security Sc

The Inner House of the Court of Session has granted decree of absolvitor in a reclaiming motion by an environmental consulting firm sued by multiple persons due to its involvement in a Motherwell housing development built on contaminated land on the basis of res judicata. Pursuer Laura McCluskey was

A Lord Ordinary has allowed a proof in an £800,000 personal injury action raised against a former ambulance technician and the Scottish Ambulance Service under chapter 43 of the Rules of the Court of Session based on alleged abuse committed by the technician against a patient. Pursuer NM raise

An appeal by the Chief Constable of Police Scotland seeking her removal from an action by a scaffolding hire company for declarator and recovery of allegedly stolen goods from a company hired to store them has been allowed by the Sheriff Appeal Court. The Chief Constable was originally called as a t

The Outer House of the Court of Session has refused to give permission for a farming partnership to challenge an arbitrator’s decision that an expulsion notice served on a member of a farming partnership was invalid on the ground of legal error. The petitioners, who sought to expel a member of

The Sheriff Appeal Court has ruled that parts (a) and (b) of section 81(1) of the Adoption and Children (Scotland) Act 2007 could not be severed from one another, and thus a purported permanence order made by a sheriff in respect of a 16-year-old child in Glasgow was not valid. Glasgow City Council