Case Reports

A prisoner in HMP Glenochil serving nearly 20 years in custody has been refused permission for judicial review of a decision of the Scottish Ministers not to move him into less secure prison conditions. Lee Brown, who would remain in prison until 2024 without early release, argued that he should hav

A man who had an insurance policy in respect of commercial premises in Glasgow had has his appeal against a decision that his insurer was not bound to indemnify him refused. The defender, Royal and Sun Alliance Insurance plc, declined to indemnify Wayne Stephen Gardner Young on t

A waste management company that sought damages for breach of contract from a city council has had their case continued to a hearing to determine the nature and scope of the proof. Patersons of Greenoakhill Ltd contracted with Glasgow City Council to process waste collected by the coun

An oilfield tool manufacturing company has succeeded in its petition to restore its former licensees to the register of companies so that they could be the defendants in an action before the federal court of Texas in which they were the plaintiff. MCR Oil Tools LLC alleged that members of the&n

A Chinese national who was identified as a victim of modern slavery but was initially refused discretionary leave to remain in the UK has successfully petitioned for a reduction of the decision. The petitioner, ZL, challenged the decision of the Home Secretary on the grounds that she had erred

A dispute concerning the terms of a guarantee agreement between a biogas company that instructed a contractor to build it an anaerobic digestion plant in Aberdeenshire and the contractor’s sub-contractor has been resolved in favour of neither party. Buchan Biogas Ltd contracted with Willi

A property development firm has succeeded in appealing a decision of the Upper Tribunal for Scotland that they were considered the property factors of a building under the Property Factors (Scotland) Act 2011 and were required to comply with the Property Factor Code of Conduct. Proven Prop

An oil and gas group had has its petition for sanction of schemes of arrangement under part 26 of the Companies Act 2006 granted by the Outer House of the Court of Session. Premier Oil plc and Premier Oil UK Limited proposed identical schemes with the same Scheme Creditors,

The widow of a man who died from cardiac arrest the day after he was discharged from hospital has been unsuccessful in an action for damages arising from medical negligence. Jennifer McCulloch, as well as other members of her family, sued Forth Valley Health Boards for the medical negligen

The Outer House of the Court of Session has refused a petition for judicial review of the decision by the Scottish Ministers to issue a call-in notice in respect of a local authority’s decision to implement a proposal to close a rural primary school. Perth and Kinross Council notified the

A man currently detained in a psychiatric hospital has been refused permission to appeal a decision of the Scottish Legal Complaints Commission regarding the service he received from a solicitor. David Lilburn alleged that the solicitor had failed to communicate effectively with him and had fai

An early-years practitioner who was given a Temporary Suspension Order (TSO) after her fitness to practice was called into question has been unsuccessful in challenging the decision. Wendy McLaggan argued that the Scottish Social Services Council was unreasonable in making the order,

The owners of a shopping centre in Cumbernauld have succeeded in a petition for judicial review made against a decision of North Lanarkshire Council to grant planning permission for a major development near Cumbernauld Town Centre. Bridges Antonine LLP argued that the council had erred in their

An advocate who was alleged to have acted inappropriately in commercial proceedings regarding location-based dating apps has succeeded in having one of four complaints made against him quashed, with the other three remaining eligible for investigation. Andrew Smith QC appealed against a decisio

The Inner House of the Court of Session has granted decree of absolvitor to the Chief Constable of Police Scotland for the actions of a police officer towards a member of the public. The original case was brought to the Outer House by a Mrs K, who was found by the Lord Ordinary to be entitled t