Case Reports

An appeal by five people, who claimed to have right of access over the driveway of a house in Aberdeen, of a decision that the right of access is restricted to only two of them has been refused by the Inner House of the Court of Session.  Ian Hawthorne and others raised the reclaiming

A civil liberties campaigner who appealed a decision of the Divisional Court that the use of automated facial recognition (AFR) technology by the South Wales Police Force was compatible with Article 8 of the ECHR has succeeded in respect of three of the five appeal grounds.  The appellant, 

An appeal by Her Majesty’s Revenue and Customs against a decision to recall a sequestration under the Bankruptcy (Scotland) Act 1985 has been refused in the Civil Division of the Sheriff Appeal Court.  In the appeal against the sheriff’s decision on the application of the Accountant

A man who was tried alongside his brother for attempted murder and assault has failed to appeal his conviction in the Appeal Court of the High Court of Justiciary.  Lawrence Nelson, whose brother Gary Nelson was not convicted following the charges against him being withdrawn, argued that the tr

A man who was convicted of historical lewd, indecent and libidinous practices and behaviour between 1983 and 1987 has had his appeal against conviction and sentence refused. James Penrice argued that the trial sheriff had misdirected the jury in relation to evidence led regarding another simila

A Romanian national has succeeded in appealing an extradition order that would have seen her returned to Romania to serve a 13-month prison sentence for a conviction of aggravated theft. The appellant, referred to as DV, argued that her rights under article 8 of the ECHR would be breached by ex

A patent for a monitoring apparatus for handheld power tools has been held to be valid following a challenge of its validity in a patent infringement case.  Reactec Ltd originally brought an action against Curotec Team Ltd seeking interdict against patent infringement on the grou

The Outer House of the Court of Session has refused to grant a protective expenses order to cap expenses in an action seeking declarator that the Scottish Parliament has power to legislate for a second independence referendum. Martin Keatings argued that it was appropriate and necessa

The Outer House of the Court of Session has granted a decree of divorce to a domiciled Scot and his spouse living in Dubai. The pursuer, YI, a qualified medical doctor originally from Russia, raised proceedings in Scotland on the basis of irretrievable breakdown due to unreasonable be

The Court of Appeal (Civil Division) has remitted care proceedings in respect of a baby whose brother died to the Family Division after finding that the original judge may have expressed bias against one of the parties when she made a number of pejorative comments to her clerk about t

The First-tier Tribunal for Scotland (Housing and Property Chamber) has resumed issuing written decisions in Case Management Discussions following the resumption of proceedings from 9 July 2020. Rescheduled CMDs are currently taking place by teleconference to allow all parties, representat

Five housing developers have succeeded in challenging a chapter of the Inverclyde Local Development Plan concerning housing land supply on the ground of inappropriate methodology.  The five appellants, Mactaggart and Mickel Homes Ltd, Miller Homes Ltd, Cala Management Ltd, P

The owner of six coffee shops in Edinburgh who received reduced support under the Scottish Ministers’ grant scheme for hospitality businesses during the COVID-19 pandemic has failed to challenge the decision of the Scottish Ministers to give smaller additional grants to businesses wi

A local authority has been granted an interdict against the sale of a farm in West Calder on the basis that a right of pre-emption contained in a feu disposition had survived the abolition of feudal tenure in Scotland. West Lothian Council raised the action against the executors of George

Her Majesty’s Revenue and Customs has successfully appealed a decision of the Tax and Chancery Chamber of the Upper Tribunal in which it held that certain modified company vehicles were to be taxed as vans and not cars. The taxpayers, Noel Payne, Christopher Garbett, and Coca-Co