Case Reports

A Tayside sheriff has found that the proprietors of a cottage in Arbroath continued to enjoy a servitude of drainage over their neighbours’ property after building a new septic tank built in their field with the consent of the neighbours’ predecessors in title. Pursuers Graham and Sally

A man convicted in the High Court of Justiciary of raping two women has lost an appeal against the convictions based on a contention that the trial judge ought to have deserted the trial diet after he became unresponsive during his cross-examination. Appellant Daniel Robertson argued he had been una

A sheriff principal has ruled that the spouse of an executor who occupied a home subject to a decree of ejection could not claim to be an “entitled resident” under sections 24C and 24D of the Conveyancing and Feudal Reform (Scotland) Act 1970 and thus obtain recall of a sheriff’s d

The Supreme Court has ruled that a police force could not be held liable for the death of a man who was killed in a head-on collision at the site of a previous accident attended by the police up until 20 minutes before his death. Claimant and appellant Valerie Tindall argued that the Chief Constable

The Inner House has allowed part of an appeal by the landlords of a Glasgow restaurant that traded continuously from 1935 to 2020 against a decision ordaining them to repair flood damage to the premises and pay damages to the subsidiary of the pursuers that ran the restaurant. Pursuers Forthwell Ltd

A family judge in the Court of Session has resolved a dispute between a divorcing couple about the date they separated in which the dates proposed by the parties were just over three years apart and determined that the later proposed date was the relevant date for the purposes of the Family Law (Sco

A commercial judge in the Outer House of the Court of Session has recalled the appointment of an interim judicial factor on the estates of an Aberdeen-based partnership dealing in scrap metal after finding that the full circumstances did not merit such an appointment. Petitioner Rodney McAllister so

The High Court of Justiciary has refused a bill for criminal letters by a woman seeking to privately prosecute her former schoolteacher for what she alleged were indecent practices used against her between 1977 and 1980. Complainer AB alleged that respondent Paul Cooney had used lewd, indecent and l

Two of three people found guilty in concert of the murder of Brian Maley in Glasgow in 2022 have lost a seven-judge appeal against their convictions based on a contention that they did not have to be convicted of the same crime as the principal actor in the crime. Maria Gardiner and Michael Anderson

The Employment Appeal Tribunal has overturned a decision that a charity trustee made President-Elect of the British Psychological Society was precluded from making a claim against the charity in relation to detriment done to him on the grounds of making protected disclosures and remitted the case fo

The Supreme Court of Ireland has made a second reference to the Court of Justice of the European Union (CJEU) in a case where the UK seeks the extradition of a man accused of committing IRA-related terrorism offences in Northern Ireland. Delivering its judgment, the seven-judge Supreme Court stated:

The Inner House of the Court of Session has refused an appeal by the mother of three children against a sheriff's decision to allow them residential contact with their father after she raised allegations of rape by the father late in the proceedings. Pursuer SN, the father of three children with def

The Inner House of the Court of Session has allowed an appeal against a decision to dismiss an action against a regular of a wine bar who was said to have contributed to the death of another patron after he invited her to sit with him on an unstable shelf in the outdoor area of the bar. Roderick Fin

An Edinburgh sheriff has declared that a retired lecturer who disappeared in June 2023, having last been seen at a beach in North Berwick, had taken his own life by drowning after his children applied to the court for declarator to that effect. The three children of AM sought declarator that their f

The Sheriff Appeal Court has reduced an interim order granted by a Glasgow sheriff giving a woman a right of occupancy in her former cohabitant’s property even though the order was granted nearly a year after they ceased cohabiting. Pursuer Marianne McBride originally obtained an interlocutor