Case Reports

The Inner House of the Court of Session has upheld a Lord Ordinary’s decision not to order a company involved in the production of defective vaginal mesh products to state whether it had assets or insurance sufficient to meet any liabilities arising from claims against it. The reclaimer, N, wa

An appeal by a sex-based women’s rights group against a Lord Ordinary’s decision that guidance issued by the National Records of Scotland on how to answer a question in the upcoming Scottish census has been rejected by the Inner House of the Court of Session. Fair Play for Women Scotland

A sole practitioner solicitor who was found to have unfairly dismissed his receptionist by an employment tribunal and ordered to pay her over £15,000 in compensation has lost an appeal to the Employment Appeal Tribunal against the decision. The appellant, Mr W Finlayson (trading as Finlaysons)

A reclaiming motion by a housebuilding company against a decision that its former employee was entitled to bonus payments after he was made redundant has been refused by the Inner House of the Court of Session. It was held by the Lord Ordinary that Gavin Loudon, a former employee of the Stewart Miln

A reclaiming motion challenging part of legislation that required 50 per cent of the people sitting on public boards in Scotland to be women has succeeded before the Inner House of the Court of Session. It was argued by the reclaimer, For Women Scotland Ltd, that in disapplying parts of the Equality

The Sheriff Appeal Court has upheld a sheriff’s decision that a servitude right of access to a single-track roadway granted to the owners of a house in Cupar did not include access to the passing places and verges along that road. The appellants, Ian and Ruth MacAllan, were granted a right of

A media company that published an article based on a confidential letter about the subject of a criminal investigation and refused to remove it has had its freedom of expression of appeal unanimously dismissed by justices in the Supreme Court. The court held that, in general, a person

A Lord Ordinary has resolved a £29 million claim by a cigarette paper company against the manufacturers of ink dispensing machines by finding them to be liable for only £3,000 worth of the damage. It was averred by Benkert UK Ltd that a fire that destroyed their premises in Alva, Clackma

A man who was convicted of being involved in a drug supply operation has had his conviction quashed on appeal to the High Court of Justiciary after the Crown indicated that it could no longer support the conviction. It was argued by the appellant, Patrick Hattie, that the trial judge had given insuf

The High Court of Justiciary has refused a Crown appeal against a sheriff’s decision that an indictment against a former teacher accused of lewd, indecent, and libidinous practices against pupils should be deserted. It was pled by the respondent, Paul Cooney, that the Lord Advocate, through th

A Lord Ordinary has allowed a proof to determine whether a completion certificate for the construction of an advertising totem outside Glasgow Airport was false in a dispute over an agreement to enter a sub-lease of the land the totem was built on. The action was originally raised by the head tenant

A Lord Ordinary has quashed a decision of a tribunal that a sheriff should not be removed from judicial office after he was found to have acted inappropriately towards a female lawyer. A petition challenging the decision that Sheriff John Brown was fit for office was made by the lawyer, X, who argue

The High Court of Justiciary has refused an appeal against the decision of the Sheriff Appeal Court to quash the acquittal verdict of a man who was tried for two sexual offences that took place in Scotland and Italy between 1992 and 2001. Stephen Motroni faced trial on a summary complaint libelling

The former employer of the driver involved in the 2014 Glasgow bin lorry crash has successfully defended an action by Glasgow City Council seeking to recover over £6 million it paid in settlements to claimants affected by the crash. It was averred by the pursuer that First Glasgow Ltd owed it

A 2021 Scottish government scheme providing for the funding of milk and healthy snacks for nursery-age children has been ruled unlawful after a petition for judicial review was brought against it. The School and Nursery Milk Alliance Ltd objected to the funding method of the scheme, asserting that i