Case Reports

The Inner House of the Court of Session has found that the Scottish Legal Complaints Commission is not entitled to apply for the production and delivery of privileged legal documents from a solicitor under section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007. The matter arose followi

A Lord Ordinary has determined that a farmer who rented grazing land in the north of Scotland was in breach of a 2015 oral agreement on the payment of Scottish Government farming subsidies and therefore liable to make payments to the landowners. Golden Lane Securities Ltd and Christopher Moran &

The Inner House of the Court of Session has rejected a reclaiming motion by the insurers of a Maltese tour company against a decision to dismiss a personal injury action raised against them due to the state immunity of a third party. Pursuer Simon Morrison originally raised the action for damages ag

An appeal by a Polish citizen against a sheriff’s order to extradite him to Poland to serve a suspended prison sentence for mobile phone robberies he committed as a teenager has been refused by the High Court of Justiciary. Adam Osipczuk sought to argue that he was not a fugitive within the le

The Competition Appeal Tribunal has rejected a case by a company that bought a house on the island of Sanday in the Orkney Islands alleging abusive practices by the former directors of a local haulage firm in conjunction with the local council and its wholly owned ferry subsidiary. Blue Planet Holdi

A Lord Ordinary has refused a judicial review petition challenging a nil valuation of company shares by an independent chartered accountant for the purposes of paying out a former shareholder. David Maguire, a former shareholder of 5PM Ltd, challenged the decision of Stewart MacDonald CA to ascribe

An appeal by a man who described himself as suffering from a mental disorder seeking damages for medical negligence has lost an appeal against a sheriff’s decision to delete certain averments from probation in the Sheriff Appeal Court. DD, the pursuer in an action against NHS Fife Health Board

The Sheriff Appeal Court has refused an appeal against a sheriff’s interlocutor allowing the addition of a crave to prove the tenor of a letter said to alter the terms of a deceased man’s will in a dispute between his four children. Elizabeth Skelton, the first defender in an action rais

A doctor who had a conditions order against him extended an additional six months after he was tried and acquitted for rape has successfully had the order recalled after an appeal to the Inner House of the Court of Session. The General Medical Council had brought a petition in June 2022 seeking to e

An employee of Marine Scotland who was injured aboard a multi-purpose vessel has been awarded £4,273 in damages by a sheriff after it was found he was partially responsible for the accident. Paul Farley, who was employed as an Able Seaman aboard MPV Hirta on a fixed term appointment, argued th

The Inner House of the Court of Session has determined that the tenancies of two crofts in Wester Ross had validly transferred to the son of a crofter who died intestate after a finding to the opposite effect was made by the Scottish Land Court. Mark Pattinson made an application seeking a determina

A sheriff in Hamilton Sheriff Court has allowed a proof in an action of multiplepoinding raised by a bank to determine the entitlement of the Crown Office and a convicted fraudster to funds raised from the sale of a property in East Kilbride after the making of a proceeds of crime order against that

A Lord Ordinary has reduced the decision of a local authority to close down a day service in Hawick for sufferers of Alzheimer’s disease after a petition for judicial review was raised by a former service user. Petitioner AB, the son and guardian of service user CD, argued that the decision of

A sheriff in Hamilton Sheriff Court has granted decree for recovery of possession to a local authority after it sought to evict a tenant whose son was found with over £38,000 worth of cannabis at the property. North Lanarkshire Council sought the order under section 14 of the Housing (Scotland

A reclaiming motion by a local authority challenging the refusal of its counterclaim against an adjudicator’s decision that a Final Certificate of an amount due to a building contractor was not conclusive has been refused by a 2:1 decision in the Inner House of the Court of Session. D McLaughl