Case Reports

An advocate who was fined by the Scottish Legal Complaints Committee after it found he had failed to act in a client’s best interests by failing to disclose the terms of a feeing arrangement to senior counsel prior to settlement negotiations has lost an appeal against part of the decision. Jon

A judge in the Outer House of the Court of Session has ruled that the Chief Constable of Police Scotland and the Lord Advocate could not be held liable to pay millions in damages for malicious prosecution to a former consultant of Rangers Football Club involved in the takeover of the club by Craig W

A Lord Ordinary has awarded expenses against the Secretary of State for the Home Department after it was determined that the First-tier Tribunal was wrong to conclude that no appeal could be made against a decision not to allow his wife’s adopted son into the UK. The petitioner, OA, had brough

A Scottish employment tribunal has ordered Rape Crisis Scotland to pay a former employee over £50,000 in compensation after it found she had been unfairly dismissed from her role in the charity. It also expressed concern at the extensive role played by chief executive Sandy Brindley throughout

A Glasgow man who was convicted of sexually assaulting two women in a Glasgow nightclub on New Year’s Day 2020 and sentenced to a community payback order has lost an appeal against both convictions. Jack Ferguson was convicted by a jury of two charges under sections 2 and 3 of the Sexual

A former council electrician who was exposed to asbestos in the 1980s has been granted permission to proceed with an action for damages against the successor council to his previous employer. It was argued by John Kelman that he was not aware that his condition was sufficiently serious as to justify

The Supreme Court has unanimously allowed the appeal in part of a board claiming entitlement to give instructions on behalf of the Central Bank of Venezuela and has dismissed the cross-appeal of a contender board. Lord Lloyd–Jones, with whom Lord Reed, Lord Hodge, Lord Hamblen and Lord Leggatt

A judge in the Outer House of the Court of Session has dismissed an action by the defender in a settled action seeking right of relief from a third party to the case following the grant of absolvitor in their favour. Cruden Buildings and Renewals Ltd had been the first defender in an action original

A Lord Ordinary has ruled that an insurer that had a claim brought against it following a bus accident in Malta could not claim relief or apportionment against the local transport authority after it was convened as a third party to the case. Simon Morrison, the pursuer, sought reparation from Middle

The Inner House of the Court of Session has refused a reclaiming motion by the former shareholders in a car dealership challenging a court order declaring that an expert determination was binding on the parties to the share purchase agreement. The reclaimers, Colin and David Grassick and Jane Haig,

Two life prisoners who were prohibited from making inter-prison phone calls to each other have lost a challenge against a Lord Ordinary’s decision to refuse their judicial review petition against the prohibition. It was argued by the Scottish Ministers that the petition of Charles O’Neil

A tenant of commercial premises in Livingston has successfully excluded certain averments made by their landlord from probation in an action arising from damages to the property which the landlord was obliged to maintain insurance against. Paccor UK Ltd averred that it was entitled to abatement of r

The UK Supreme Court has ruled that a Police Service of Northern Ireland (PSNI) decision in 2014 to terminate an investigation into allegations of torture against the “Hooded Men” was unlawful. The PSNI brought the case to the UK’s highest court, having been unsuccessful in the Cou

A sheriff has ordered the insurer of a man whose trailer collided with a car on a road in Lanarkshire to pay over £50,000 to the driver of the car after he was found to be in breach of his common law duty of care. The action against Robbie Tough and his insurer, NFU Mutual Ltd, was raised by M

An appeal by the Secretary of State for the Home Department against an Upper Tribunal decision to reduce a decision not to grant leave to remain to a Pakistani man who applied as the parent of children by two different mothers has had his appeal has been refused by the English Court of Appeal. Dr Wa