Case Reports

A recipient of support payments under the Social Care Self-Directed Support (Scotland) Act 2013 has failed in his challenge of a reduction in support hours by the health board responsible for paying for that support. Andrew Lennon argued that NHS Highland had acted unlawfull

The Sheriff Appeal Court has overturned a decision to grant interdict against the mother of an 11-year-old girl preventing her from removing the child from her school and from the sheriffdom of Tayside, Central and Fife and granting a residence order in favour of her father. The defender a

The manufacturers of Hendrick’s gin have succeeded in obtaining interim interdict in an action for trade mark infringement against a popular discount supermarket after it redesigned one of its ‘own-label’ products to more closely resemble their product. William Grant and Sons Irish

A sheriff in Edinburgh has found that two children of a divorcing couple should be moved from their English private school to a Scottish state school after she refused to make either party liable for their children’s school fees. The parties, who remained anonymous, were married in Scotland in

A private landlord who served notice to leave on his tenants by instructing sheriffs’ officers to deliver the notice has succeeded in overturning a tribunal decision that he had not met the statutory definition of a Notice to Leave under the Private Housing (Tenancies) (Scotland) Act 2016

A judge in the Outer House of the Court of Session has sisted proceedings brought by the guarantor of the now-insolvent Ferguson Marine group of companies after finding that the Scottish Ministers were liable to reimburse them under the terms of an indemnity agreement. HCC International In

The High Court of Justiciary has refused an appeal against conviction by a man convicted of attempted murder made on the basis that he had a ‘jigsaw’ basis for a special defence of self-defence. Aaron Dines, also known as Morrison, was sentenced to 8 years’ imprisonm

A judge in the Outer House of the Court of Session has granted an increased award of expenses to a group of 27 religious leaders who successfully challenged the Scottish Ministers’ decision to close places of worship in Scotland from late December 2020 to March 20

A prisoner who sought a review of his case based on defective representation has had his petition against the decision by the Scottish Criminal Cases Review Commission to refuse a review of his case rejected by a judge in the Outer House of the Court of Session. Paul Kelly was co

A former tenant of a property in Gourock, Inverclyde, has been awarded £1,500 by the First-tier Tribunal Housing and Property Chamber after it found she had been unlawfully evicted by her landlord, who claimed that his sister intended to live in the property. Charlotte Mills sought a wrongful

The Supreme Court has refused an appeal by Her Majesty’s Revenue and Customs against a decision of the English Court of Appeal not to require a top UK divorce lawyer to pay back over £475,000 in taxes that were avoided via a scheme. HMRC claimed that the respondent, Raymon

A judge in the Outer House of the Court of Session has ordered that the young child of a Canadian citizen be returned to Quebec to live with her after an application was made for his return under the Hague Convention on Child Abduction. The mother, ML, petitioned the court for an orde

An owner of a property on the west coast of Scotland who claimed he was wrongly charged for ratings payments on the property has been unsuccessful in an appeal against the dismissal of a judicial review petition raised challenging the decision of the local authority’s ratings board. Brian Phil

A sheriff in Edinburgh has set aside a post-nuptial agreement between a divorcing American couple living in Scotland in which the husband agreed to give his wife nearly everything he owned if they divorced. The defender, M(M), had signed the agreement with the pursuer, M(C), who raised the

A commercial landlord of industrial premises in Motherwell has been unsuccessful in its action against its former tenant for payments it alleged were due to it under a commercial lease between them. The pursuer, Rockford Trilogy Ltd, sought payment of rent, insurance, and service charges from&n