Case Reports

A reclaiming motion by a trust against the partial enforcement of an adjudicator’s decision in respect of a dispute between the trust and a company contracted to build a house for the trust has been refused. Dickie & Moore Ltd, the pursuer and respondent, originally raised the proceedings

The Inner House of the Court of Session has ruled that a Lord Ordinary is not required to appoint an oral hearing when considering a request for judicial review of a decision by another Lord Ordinary to refuse a petition for judicial review. Reclaiming motions by April Prior, Gor

The Outer House of the Court of Session has continued a case involving a dispute based on the sale of a castle in Berwickshire and accompanying barony to allow the parties a proof before answer. Richard Syred and another purchased Ayton Castle, together with the Dignity of the Barony

The Appeal Court of the High Court of Justiciary has refused an appeal against conviction by a man convicted of assaulting his baby daughter between May and July 2017. The appellant, known as SI, submitted that the serious injuries could have happened while the child was being looked

The prospective purchaser of a heritage centre in South Lanarkshire has lost an appeal against the rejection of their breach of contract claim. Shine Properties Ltd contracted with the Biggar Museum Trust to purchase the property, a former church, in 2016. The sale never went through,

The Appeal Court of the High Court of Justiciary has quashed a verdict of guilty of culpable homicide returned against a co-accused in a murder case, replacing it with a verdict of guilty of assault. Weir MacKay was originally tried for murder along with co-accused Alan Doherty, who w

A property developer that granted an option to purchase land it owned next to Edinburgh Airport in favour of the airport has failed to establish that the option had not been validly exercised. New Ingliston Ltd granted the option to Edinburgh Airport Ltd in October 2001. The airport s

A bingo club operator’s tax appeal to the Supreme Court has been unanimously dismissed. Lord Leggatt gave the sole judgment, with which Lord Reed (President), Lord Hodge (Deputy President), Lord Lloyd-Jones and Lord Sales agreed.

The High Court of England and Wales has ruled that the operation of a compensation cap operated by the Pension Protection Fund to reduce the pensions of those below normal pension age was discriminatory on the grounds of age. Paul Hughes, along with 23 other individual claimants

A husband has been ordered to transfer over £700,000 to his wife in order to realise a fair and equal division of matrimonial assets between them in their divorce, but only after legal proceedings against him in Pakistan have been withdrawn. The pursuer, ASA, instigated divorce proceeding

The High Court of Justiciary has ruled that the incorporation of a firearm into a dual-purpose object does not mean that it cannot be regarded as “disguised as another object” under section 5(1A)(a) of the Firearms Act 1968. The first Lord Advocate’s Reference&n

The High Court of Justiciary has allowed an appeal against conviction for charges of rape and indecent assault on the ground that the two charges were too materially different to mutually corroborate one another. Aadam Mohammed was originally tried for three charges, two of rape and o

A Crown appeal against the leniency of the sentence of a man who pled guilty to deliberately coughing in the faces of two police officers and thus recklessly endangering their lives has resulted in the total sentence being increased by nine months. The appeal by HM Advocate followed the sentencing o

A citizen of El Salvador who claimed that he would be a victim of organised crime if he was deported from the UK has failed to petition for a judicial review of the decision to deport him. The petitioner, known as DY, sought review of a decision by the Upper Tribunal not to allow him to appeal

The Outer House of the Court of Session has granted interim orders in an action for defamation brought by an energy company against a blogger from Stornoway that require him to remove certain blog posts as well as restricting the content of future posts. British Gas Trading Ltd and it