Case Reports

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

A judge in the Outer House of the Court of Session has refused to grant a six-month sist of an action raised against the Scottish ministers, the lord advocate, and the chief constable of Police Scotland arising from the death of a man in the custody of the Scottish Prison Service. The deceased, Alla

The Sheriff Appeal Court has passed a Bill of Suspension by ruling that a convicted person allegedly in breach of a Restriction of Liberty Order imposed by the SAC could not have that order revoked by a lower court and replaced with a sentence of imprisonment. Complainer Thomas Kitson had been made

A male stripper who was convicted of sexual assault after interacting with two women at a hen party who did not wish to engage with him has lost his appeal against conviction before the Sheriff Appeal Court. Stuart Kennedy was convicted after trial at Aberdeen Sheriff Court of two contraventions of

The Scottish Land Court has ruled that a 70-year-old man was the sole tenant of a farm in Stirling following the death of his mother after determining that the tenancy was not held by a partnership comprising both of them. Charles McAllister raised the action against his brothers Walter and George M

A pensioner’s petition challenging decisions of the Secretary of State for Work and Pensions to make deductions from his pension credit for loans he received during 2006 and 2007 has been refused by the Outer House of the Court of Session. It was contended by petitioner Alan Houston that state

An Employment Tribunal sitting in Glasgow has rejected an application to strike out an employer’s response to a race discrimination claim on the basis that an English lawyer was not capable of appearing before a Scottish Tribunal. The claimant, Mr R Rohatgi, argued that his employer had acted

An appeal against a lord ordinary’s decision to allow a proof and grant an interim suspension of a confirmation of two brothers as co-executors dative of their father’s estate has been allowed by the Inner House of the Court of Session, but only to the extent of recalling the decision to

The unconfirmed executors of a deceased company director have successfully petitioned the Court of Session to exercise its nobile officium to add them to the register of company members as to allow the company to take action to prevent insolvency. It was stipulated in the will of the late director,

An action by the director of a textile company in administration seeking interdict preventing a creditor of the company from executing a charge for payment against him has been dismissed by the Outer House of the Court of Session along with a counterclaim by the creditor. Pursuer Flemming Hansen cla

A Lord Ordinary has reduced decisions of the Highland Council approving a proposal to redesign an Inverness street to greatly reduce vehicular traffic after ruling that the council had failed to give proper consideration to all the proposed options. The Trustees of the Eastgate Unit Trust, who owned

A law firm has been ordered to pay £2,400 in costs to another firm after the Intellectual Property Office concluded that it had sought to register a trade mark in order to prevent its rival from using the same mark rather than to use it for itself. Harper Macleod LLP applied for registration o

A decision by Glasgow City Council to grant planning permission for a boundary fence with lockable gate at a sports pitch leased by a charitable trust has been reduced by a lord ordinary on the ground that it failed to consider a statutory duty to maintain access to land. Petitioner Gregory Brown ar

The owners of a Glasgow building given category C listed status due to its architectural and historic qualities have successfully appealed against a reporter’s decision to refuse an appeal against the decision to list it, and had the matter remitted to a new reporter. Weiss Development Company

A Lord Ordinary has determined that a screening opinion by Glasgow City Council that it could demolish two tower blocks without conducting an Environmental Impact Assessment had been unlawfully adopted but refused to reduce it on the basis that the error had been minor. Caz Rae, who lived in the vic