Case Reports

A Pakistani journalist who claimed that he had been defamed by various actions by political activists who posted material to the internet alleging he was corrupt has been successful in his case before the English High Court. Claimant Murtaza Shah raised the action based on the content of a petition

A Falkirk sheriff has granted a renewal of a guardianship order concerning a 25-year-old man with Asperger’s Syndrome and chronic low weight, but refused to grant as part of that a power to determine where the man should live. Falkirk Council sought a three-year renewal of the order on the bas

A commercial judge in the Outer House of the Court of Session has allowed a proof in an action raised by a recycling business arising from what it believed to be an unlawful repudiation of a contract it held with the City of Edinburgh Council. Dalton Group Ltd had been the council’s exclusive

A man who alleged that a Jaguar he obtained by a hire purchase agreement was defective but continued to drive it following rejection has lost an appeal before the Sheriff Appeal Court against a sheriff’s finding that he could not rely on his rescission of the contract. Appellant Alan King argu

The Inner House of the Court of Session has upheld an appeal by a group of companies that acquired loans and securities from the Clydesdale Bank in 2015 against a sheriff’s decision that part of the deed of assignation under which it received the rights was invalid. Promontoria (Chestnut) Ltd

The Court of Appeal of England and Wales has dismissed an appeal by four recipients of Universal Credit against a finding that a UK government decision not to increase the personal allowance element of certain benefits during the period of Universal Credit uplift from March 2020 to October 2021 was

A housing developer that challenged the rejection of planning permission for around a hundred houses to the north of Kilmacolm, Renfrewshire, has lost its appeal to the Inner House of the Court of Session. Taylor Wimpey UK Ltd argued that the reporter for the Scottish Ministers who considered the in

The Upper Tribunal for Scotland has refused permission for a landlord to appeal against a decision to award him just £710 in a claim for cleaning costs and related expenses against a former tenant he valued at over £2,200. Appellant Norman Blair had sought the payment from tenant Nitin J

A home economics teacher in a Perth school who made a discrimination claim against her employer based on its response to her complaints of being subject to racially motivated abuse by pupils has had her claim dismissed by the Employment Tribunal. The teacher, who described herself as of Scottish nat

An appeal by a landlord against a payment order for £6,000 under the Tenancy Deposit Schemes (Scotland) Regulations 2011 has been allowed by the Upper Tribunal for Scotland after he successfully argued that he ought to have been given an opportunity to make representations. Appellant Shoukat K

The Sheriff Appeal Court has allowed an appeal against a sheriff’s decision that an application for a financial award by a former cohabitant was made timeously by virtue of being lodged with the sheriff court before the deadline, even if it had not been served on the defender in that period. P

A Glasgow sheriff has dismissed an action by a television production company that sought over £1 million in potential lost profits arising from a TV channel’s decision to cancel a sports magazine show that it produced for it. PLZ Soccer Ltd, which produced 19 episodes of a programme titl

A lord ordinary hearing a judicial review petition by Scottish fishing groups challenging a variation of the economic link licence in relation to Scottish sea fishing has refused a motion for interim interdict seeking to prevent the Scottish Ministers from implementing the decision. The Scottish Fis

A fatal accident inquiry into the deaths of two men at a Scottish hotel has concluded with a recommendation that the Scottish government consider introducing a requirement for historic buildings converted into hotels to have active fire suppression systems installed. Simon Midgley and Richard Dyson

A personal injury sheriff has rejected an expenses motion by a supermarket that successfully defended an action for an award based on the allegedly unreasonable conduct of the pursuer. Decree of absolvitor was granted to Iceland Foods Ltd after pursuer Helen Lennox failed to prove that an injury she