Case Reports

A local authority that claimed it was entitled to a percentage of a termination fee paid by a sub-lessee to the head tenant of a shopping centre it leased out has succeeded in establishing its entitlement to the monies.  The pursuer, 3639 Ltd, was the head tenant under the lease, and origi

A man who was found in possession of indecent images of children and convicted of offences under the Civic Government (Scotland) Act 1982 has had his appeal against conviction refused. Fevos Georgiou was given a community payback order which incorporated a 2 year supervision order and

The proprietor of a flat in Edinburgh who sought to establish that their neighbour had a statutory obligation to pay for half the cost of repairs to the external render of the common wall of their building has had their application rejected by the Sheriff Court.  Karen Lacey argued that th

A self-styled “pick-up artist” who was convicted of five minor sexual assault charges has succeeded in quashing all five convictions on appeal.  Adnan Ahmed, who was originally tried on an indictment labelling 18 charges, argued that the trial sheriff, Lindsay Wood, had inappropriat

The father of two very young children in Annan has unsuccessfully appealed the decision of a children’s panel that he should have no contact with his children.  The appellant, TJL, was the father of M, aged 19 months, and T, aged seven months, both of whom currently live with their m

Ten police officers who brought a petition for judicial review of the decision by their superior to conduct misconduct proceedings against them using WhatsApp messages sent to and from them have had their reclaiming motion against the refusal of the Lord Ordinary of their petition refused by the Inn

An Iranian asylum seeker who claimed to be at risk because he was suspected of supporting a Kurdish political party has had his petition for judicial review of the decision to refuse his claim rejected.  Mdrik Valabaigi claimed the Upper Tribunal had erred in rejecting the appeal ground th

The English Court of Appeal has refused an appeal of a decision to grant planning permission for a primary school near a United States Air Force base in the Lakenheath area. David Gathercole, who was substituted for the original petitioner Lakenheath Parish Council, sought a judicial review of the d

A father whose application under the 1980 Hague Child Abduction Convention was dismissed because the child’s habitual residence was held not to be in France has succeeded in appealing the decision in the English courts.  The father of the child, B, argued that the judge was wrong to

An asylum seeker who claimed to fear persecution from a criminal gang in El Salvador has succeeded in challenging the finding of the Upper Tribunal that there were no arguable grounds of appeal against the original decision.  The petitioner, MF, argued that the First-tier Tribunal judge ha

An Iranian citizen who sought asylum in the UK after failing to obtain asylum in Germany has failed to challenge a Home Office decision that his case was clearly unfounded and therefore could not be considered by an immigration tribunal. Kamran Fathabadi claimed asylum on the basis that he had conve

A glasses company that appealed against decisions and assessments of HM Revenue and Customs from 2005 to 2008 has failed to challenge the decision of the Upper Tribunal in respect of a timebar issue in relation to VAT assessments from 2005.  DCM (Optical Holdings) Ltd, which primarily

A citizen of Nigeria who challenged a finding that his petition for judicial review of the decision of the Home Secretary not to treat his further submissions as a fresh claim for asylum was not made within the statutory three-month time limit has had his reclaiming motion against the decision refus

A construction company that unsuccessfully tendered for a local authority contract has failed to establish that the local authority was in breach of transparency obligations imposed on it by the Public Contracts (Scotland) Regulations 2015.  AC Whyte & Company Ltd raised the actio

A company that benefited from unlawful tax exemptions and was ordered to pay over £1 million to HM Revenue and Customs has lost an appeal challenging a payment order made to that effect.  John Gunn and Sons Ltd argued that they should only have to pay the amount which represented the