Case Reports

A judge in the Outer House of the Court of Session has ruled that the operators of a store in a shopping centre in Glasgow were in breach of a court order obliging them to keep the store open but that their actions were not in contempt of court. Sapphire 16 SARL, the landlord under a lease of the pr

A sheriff in Livingston Sheriff Court has found that a charge under Section 1 of the Domestic Abuse (Scotland) Act 2018 of engaging in a course of abusive behaviour against an accused’s ex-partner was able to be sufficiently corroborated by Crown evidence. The accused, JH, was charged with str

A Sudanese man who made an asylum claim based on his alleged involvement in an anti-government movement has had his petition for judicial review of the decision to reject his claim refused by the Court of Session. The petitioner and appellant, AHT, originally had his petition refused by the Outer Ho

The UK Supreme Court has dismissed an appeal by a woman who alleged that the UK government failed to properly implement two EU Directives on protection against workplace discrimination. The appellant, Ms Anwar, originally brought judicial review proceedings before the Court of Session after being un

A former architect who was erased from the architect’s register for unprofessional conduct has been unsuccessful in his challenge of the decision to remove him in the Court of Session.  James Thomson argued that the Architect Registration Board had sanctioned him excessively and that he h

The Appeal Court of the High Court of Justiciary has upheld a judge’s decision to impose an Order for Lifelong Restriction against a 24-year-old Aberdeen man convicted of several offences against two former partners. The appellant, AB, was convicted of 11 charges including serious assaults, ab

The environmental group Greenpeace has lost its appeal in the Court of Session against decisions allowing two companies to create two new production wells in the Vorlich oil field in the North Sea.  BP Exploration Operating Company Ltd and Ithaca Energy UK Ltd, who appeared as interested partie

Certain provisions of bills passed by the Scottish Parliament are outside its legislative competence, the Supreme Court has ruled. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (UNCRC) and the European Charter of Local Self-Government (Incorporation) (Scotl

The UK Supreme Court has dismissed an appeal by a Vietnamese asylum seeker challenging a decision of an immigration tribunal under fast-track procedure rules that were found to be structurally unfair to refuse her application. The appeal on behalf of TN challenged the validity of a decision made und

A judge in the Outer House of the Court of Session has found that the owner of a farm in Fife was not liable for injuries inflicted on a teenage stable hand by a racehorse that was stabled there. Milly Morrison sought reparations of £50,000 in solatium from James Oakden for a head injury and s

The First-tier Tribunal for Scotland Housing and Property Chamber has ordered a Glasgow landlord to pay £2,400 to his former tenants after they applied to the tribunal for a Wrongful Termination Order. Lesley Munro and Grant McNicoll argued that they would not have left the property had they n

The English Intellectual Property Enterprise Court has rejected a claim for trade mark infringement by a self-described “spiritual and holistic therapist” who claimed that another holistic therapist had been using her mark to market online courses and upheld a counterclaim of passing off

A petition for recognition of foreign legal proceedings under the Cross-Border Insolvency Regulations 2006 by the Director of Finance for a group of insolvent companies has been refused by a judge in the Outer House of the Court of Session. Chang Chin Fen sought recognition of two orders f

The English Court of Appeal has upheld a decision of the UK Intellectual Property Office to reject two patent applications designating an artificial intelligence designed to create patentable inventions as the inventor. Dr Stephen Thaler, who filed the applications in 2018, argued that his AI, the D

An army officer who owned a seaside house in Fife has lost an appeal in the Inner House of the Court of Session against the decision that he did not have a servitude over a strip of land owned by his neighbours. Major Douglas Soulsby, the pursuer and reclaimer, challenged the Lord Ordinary’s d