Case Reports

An English couple that lost over £700,000 to an “authorised push payment” fraud have won a High Court appeal seeking to establish that it was possible their bank owed them a duty of care. Fiona Philipp, the appellant, argued that Barclays Bank owed her a duty of care to be alert to

A man who assaulted a nurse in a Dundee hospital and sang offensive remarks at another nurse with an Irish accent has successfully had the length of his cumulative sentence reduced by the Sheriff Appeal Court. It was argued by counsel for William Hutchison that the overall headline sentence imposed

A councillor who received a 16-month disqualification from the Standards Commission for Scotland under the Ethical Standards in Public Life (Scotland) Act 2000 after being accused of harassing his staff has won an appeal in the Court of Session seeking to have the term reduced. It was argu

An application by a Scottish solicitors' firm challenging an action raised against them in the English High Court for professional negligence by a dual qualified solicitor advising on a planning application has been refused. Wright, Johnston and Mackenzie LLP, a firm with no registered office in Eng

Two prisoners who had their petition for review of a prison authority decision to prohibit them from making inter-prison phone calls to each other refused have been denied permission to make a further appeal against the decision to the UK Supreme Court.  Charles O’Neill and William Lauchl

A disabled woman who raised three separate simple procedure claims for the reimbursement of money she claimed was owed to her by the City of Edinburgh Council has had all three actions dismissed by the Sheriff Appeal Court following an appeal against their refusal. Chaza Afandi raised three claims w

A Nigerian college tutor who submitted a “near miss” application for indefinite leave to remain in the UK has had an appeal against a decision not to grant permission for a judicial review application to proceed refused by the Inner House of the Court of Session. The petitioner and recla

The Inner House of the Court of Session has upheld a judicial review decision that the General Secretary of the Scottish Police Federation could have misconduct proceedings instigated against him after he engaged in a Twitter argument with the solicitor of Sheku Bayoh’s family following his de

A sheriff conducting a fatal accident inquiry into the deaths of three fishermen who died after their lifeboat failed to inflate has concluded that it was not possible to determine the cause of the flooding that caused their vessel to sink, but that failures by the vessel’s owners and the comp

A person injury sheriff has made a payment order totalling nearly £1.4 million after finding that a 54-year-old man was abused as a child at a boarding school operated by the Congregation of Christian Brothers. Senior counsel for the pursuer, AB, had sought a combined award of £1,741,107

The Inner House of the Court of Session has upheld a Lord Ordinary’s decision not to order a company involved in the production of defective vaginal mesh products to state whether it had assets or insurance sufficient to meet any liabilities arising from claims against it. The reclaimer, N, wa

An appeal by a sex-based women’s rights group against a Lord Ordinary’s decision that guidance issued by the National Records of Scotland on how to answer a question in the upcoming Scottish census has been rejected by the Inner House of the Court of Session. Fair Play for Women Scotland

A sole practitioner solicitor who was found to have unfairly dismissed his receptionist by an employment tribunal and ordered to pay her over £15,000 in compensation has lost an appeal to the Employment Appeal Tribunal against the decision. The appellant, Mr W Finlayson (trading as Finlaysons)

A reclaiming motion by a housebuilding company against a decision that its former employee was entitled to bonus payments after he was made redundant has been refused by the Inner House of the Court of Session. It was held by the Lord Ordinary that Gavin Loudon, a former employee of the Stewart Miln

A reclaiming motion challenging part of legislation that required 50 per cent of the people sitting on public boards in Scotland to be women has succeeded before the Inner House of the Court of Session. It was argued by the reclaimer, For Women Scotland Ltd, that in disapplying parts of the Equality